PENSION FUND REGULATORY & DEVELOPMENT AUTHORITY (PFRDA) Chatrapati Shivaji Bhawan, 2 nd Floor, B-14/A, Qutab Institutional Area, New Delhi
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1 PENSION FUND REGULATORY & DEVELOPMENT AUTHORITY (PFRDA) Chatrapati Shivaji Bhawan, 2 nd Floor, B-14/A, Qutab Institutional Area, New Delhi To: Subject: Empanelment of Advertising Agencies Pension Fund Regulatory and Development Authority intends to empanel professionally managed advertising agencies with good track record for various jobs as enumerated in the scope of work in the attached request for empanelment document. Applications for empanelment are invited from Advertising Agencies (duly signed by competent authority i.e CMD/MD/Chairman/ Director/Managing Partner etc. for signing the proposal document on behalf of the advertising agencies) accredited with Indian Newspaper Society (INS) having minimum audited turnover of Rs.100 Crores in last financial year (FY ) pertaining to advertisement work The Request for Empanelment document consisting of detailed Scope of Work, qualifying Requirements, Terms and Conditions of Empanelment etc. may be downloaded from by interested agencies between to or can be collected in physical form from the abovementioned address of PFRDA. A non-refundable demand draft of Rs /- (Rupees Ten thousand only) drawn in favour of Pension Fund Regulatory and Development Authority payable at New Delhi, must be submitted along with the application (complete in all respect) as processing charge. The application must be submitted by 3.00 PM on The selected agencies will be intimated in due course of time after approval by the competent authority for undertaking further processes for their empanelment as Advertising Agencies. Interested parties may take note that canvassing in any form will attract disqualification/summary rejection. Thanking you, Yours sincerely, (Akhilesh Kumar) Dy. General Manager
2 REQUEST FOR EMPANELMENT OF ADVERTSING AGENCIES Pension Fund Regulatory and Development Authority B-14/A, Chatrapati Shivaji Bhawan, Qutab Institutional Area, Katwaria Sarai, New Delhi
3 DISCLAIMER 1. This document is being published in order to enable the applicants to make an offer for empanelment as Advertising Agency by the Pension Fund Regulatory and Development Authority (PFRDA). 2. This document does not constitute nor should it be interpreted as an offer or invitation for the empanelment as Advertising Agency described herein. 3. This document is meant to provide information only and upon the express understanding that recipients will use it only for the purposes set out above. It does not purport to be all inclusive or contain all the information about Advertising Agency or be the basis of any engagement/contract. No representation or warranty, expressed or implied, is or will be made as to the reliability, accuracy or the completeness of any of the information contained herein. It shall not be assumed that there shall be no deviation or change in any of the herein mentioned information on Advertising Agency. While this document has been prepared in good faith, neither PFRDA, nor any of its officers or subscribers make any representation or warranty or shall have any responsibility or liability whatsoever in respect of any statements or omissions here from. Any liability is accordingly and expressly disclaimed by PFRDA and any of its officers or subscribers even if any loss or damage is caused by any act or omission on the part of PFRDA or any of their officers or subscribers, whether negligent or otherwise. 4. By acceptance of this document, the recipient agrees that any information herewith will be superseded by any subsequent written information on the same subject made available to the recipient by or on behalf of PFRDA. PFRDA and any of their respective officers or subscribers undertake no obligation, among others, to provide the recipient with access to any additional information or to update this document or to correct any inaccuracies therein which may become apparent, and they reserve the right, at any time and without advance notice, to change the procedure for the empanelment of Advertising Agency or any part of the interest or terminate negotiations or the due diligence process prior to the signing of any binding agreement. 5. Accordingly, interested recipients should carry out an independent assessment and analysis of the requirements of Advertising Agency and of the information, facts and observations contained herein. 6. This document has not been filed, registered or approved in any jurisdiction. Recipients of this document should inform themselves or/ and observe any applicable legal requirement. 7. This document constitutes no form of commitment on the part of the PFRDA. Furthermore, this document confers neither the right nor an expectation on any party to participate in the proposed process of empanelment of Advertising Agency. 8. When any proposal is submitted pursuant to this RFE, it shall be presumed by PFRDA that the bidder has fully ascertained and ensured about its eligibility 3
4 to provide services of Advertising Agency, under the respective governing laws and regulatory regimen, and it has the necessary approvals and permission, and suffers no disability in law or otherwise to act as such. 4
5 1. Introduction 1. Pension Fund Regulatory and Development Authority Pension Fund Regulatory and Development Authority initially established by a notification of the Government of India, dated , is a statutory Authority, set up through an Act of Parliament being the The Pension Fund Regulatory and Development Authority Act, 2013 notified w.e.f In accordance with the provisions of the said Act, PFRDA is mandated to promote old age income security by establishing, developing and regulating pension funds, to protect the interest of the subscribers to the schemes of pensions funds and for matters connected therewith or incidental thereto. The PFRDA has been entrusted with the responsibility to regulate, promote and ensure orderly growth of the National Pension System (NPS) and other pension schemes not regulated under any other enactment. 2. Target Group for promotion of NPS National Pension System (NPS) is available for all sections of the society. It can be broadly classified as: a) NPS Government Sector Model NPS is mandatory for Government employees who join the govt. service on or after the date notified by Central Government and by respective state governments. b) NPS- Private Sector NPS Private Sector caters to the needs of different sections of the society by providing a platform for planning and savings for pension. Various models are available for specific sections of the society: i. NPS-Corporate Model ii. NPS- All Citizen Model i. NPS- Corporate Model: NPS corporate model was introduced in December 2011 to provide a platform to the employees of the corporates/public sector undertakings /firms etc. Under this model various entities like companies, societies, SMEs, PSUs, partnership firms, proprietorship firm etc. can register for providing pension benefits to their employees. Under this model the registration of corporates and underlying employees is voluntary. Hence there is a need to create awareness among the corporates and the employees about NPS. ii. NPS- Individual Sector (All Citizen Model) NPS was extended to all citizen of India on voluntary basis w.e.f 01 May Under this model any Indian citizen in the age group of years can open an NPS account and save for his future. iii. NPS-Lite (NPS-Swavalamban) NPS Swavalamban is targeted at the weaker and disadvantaged sections and covers informal sector workers who are not covered under any other organized pension scheme. Swavalamban incentive of Govt. of India is 5
6 offered to all the eligible accounts on fulfilling certain conditions until iv. Atal Pension Yojana Atal Pension Yojana is a Government of India scheme administered by Pension Fund Regulatory and Development Authority. It is available to all Indian citizen between the age of years. 2. Requirement for an Advertising Agency Effective communication plays an important role in creating awareness among the masses about the product and services and its importance in their life. It helps in understanding the system. It also plays an important role in helping all stakeholders to understand their roles and responsibilities under NPS Awareness and Communication programs help in ensuring that relevant information reaches the right person at the right time, attracts attention of the users and creates awareness about issues and finally influences the behaviour of all concerned in the desired direction. An effective awareness and communication program results in changes in the attitude and habits of the people. Promotion of old age income security specially NPS and APY requires the creation of a well-planned and detailed multi-media communication strategy and thorough execution on pan-india basis that can help meet the objectives of the program. It is therefore imperative that consistent messages are conveyed across all communication media. To carry out the tasks of various media activities and future campaigns under NPS and APY, services of advertising agencies are sought from experienced firms as per the detailed scope of work defined in the clause 6 below. a) It may be noted that (i) the costs of preparing the proposal are not reimbursable and (ii) the PFRDA is not bound to accept any of the proposals submitted. b) The empaneled Advertising Agency is required to provide professional, objective, and impartial service and at all times, hold the PFRDA interests paramount, without any consideration for future work, and strictly avoid conflicts with other assignments or their own corporate interests. c) The empaneled advertising Agency is expected to maintain high level of professional ethics and is expected not to act in any manner, which is detrimental to PFRDA s interest and that of the National Pension System or any of the intermediaries in the system. Agency will maintain confidentiality on matters disclosed till proper instruction is issued for publication. PFRDA reserves the right to seek compensation in case of any violation of the above besides cancellation of the emapanelment of the defaulting agency.. d) The PFRDA may reject a proposal at any stage if it is found that the Advertising Agency recommended for empanelment has indulged in corrupt or fraudulent activities in competing for or in getting empanelment, and may also declare the Advertising Agency ineligible or blacklist the firm, either indefinitely or for a stated period of time. 6
7 3. Procedure for Empanelment 3.1 Request for Empanelment document can be downloaded from PFRDA website or may be collected from the below mentioned address: Pension Fund Regulatory and Development Authority, Media Department, 2 nd Floor, B-14/A, Chatrapati Shivaji Bhawan, Qutab Institutional Area, Katwaria Sarai, New Delhi Contents pertaining to Annexure 1, Annexure 2, Assignment 1, Assignment 2 and Assignment 3 should each be kept in separate plastic folders duly superscribed as such. All these plastic folders must then be kept in one large envelope duly superscribed Application for Empanelment of Advertising Agency and must be submitted on or before upto 3.00 PM. Non-refunadable Demand Draft of Rs. 10,000/- only in favour of Pension Fund Regulatory and Development Authority, payable at New Delhi has to be submitted as application processing charges along with application. 3.3 Application without Demand Draft will be summarily rejected Agencies will be selected based on marks secured after evaluation of offers. 4. Duration of Empanelment The empanelment will be valid for a period of two years from the date of empanelment in PFRDA unless removed earlier. Empanelment may be extended by one more year depending on the performance and service of the agencies at the discretion of PFRDA. PFRDA will have the right to remove any agency from the empanelment list without assigning any reason whatsoever or may embark on a fresh empanelment before the expiry of the period of one year, depending upon the circumstances. PFRDA also reserves the right to modify the term and conditions for empaneled agencies. 5. Qualifying Criteria 5.1 Minimum Qualifying Criteria Every agency must fulfill the minimum eligibility criteria enumerated below. An agency not meeting any one of the following criteria would be summarily rejected and would not be considered for evaluation process leading to empanelment. For reference the word advertising hereinafter refers to, but is not limited to, print, electronic, radio, TV commercials, online/digital, outdoor/ transit, direct mails/ SMSs, catalogues, leaflets, etc. a. The applicant agencies should have full accreditation of Indian Newspaper Society INS (Print Media). The applicant agencies should also have empanelment with Directorate of Advertising & Visual Publicity (DAVP). b. The applicant agencies should have a minimum work experience of five years in the advertising field with an annual turnover of at least Rs. 100 crores. c. The agency should be in the panel of advertising agencies of at least two government organizations as on the date of application. d. The agency should have a minimum billing of Rs Crores of Government 7
8 Client/Govt. Departments/Central, State PSUs / Autonomous Bodies during the last Financial year e. The agency should have full-fledged office in Delhi/ NCR with sufficient full time staff including at least 3 creative professionals. f. The agency should have pan India reach with offices in the major metros so as to enable prompt publishing of advertisements and other material for nation-wide distribution. g. The agency should have executed at least 5 assignments involving designing & publication of advertisement campaign, corporate brochures, exhibitions, tableaus and preparation of corporate/documentary film etc. during the last Financial Year h. The agency should have valid Registration Numbers under Service Tax/VATin the advertising field and Permanent Account Number (PAN) under Income Tax. i. The agency must necessarily have current and past experience of handling campaign for financial sector clients. Apart from the above criteria, the following criteria are also desired: 5.2 Additional Desirable Criteria These would make the applicant agency eligible for additional marks; however, unlike the Minimum Eligible Criteria these will not lead to rejection of proposal for empanelment. a. The agency should have handled at least 2 fresh online/digital advertising works for any Government Organization during the last two Financial years. Renewals of old work orders would not be considered as fresh orders. b. The agency should have a minimum billing of Rs Crore for online/ digital advertising of Government Client/Govt. Departments /Central, State PSUs / Autonomous Bodies/ Government Financial institution during the last Financial Year c. The agency should have full-fledged office in Delhi/ NCR with sufficient full time staff including at least 2 social media/ online/ digital advertising professionals. Preferably there should be at least 1 market research professional as well. d. The agency should have adequate experience in handling domestic and international print and electronic media including Radio, cellular phones, Internet etc. e. The agency should be able to demonstrate job samples, and should be fully equipped with computers and necessary software, men & material for designing of advertisements. Those having most modern automated office for the latest graphic and other kinds of designing and availability of all kinds of communication facilities The details of the documentary proof in this regard are to be submitted alongwith the offer document in the format enclosed. Documents related to each of the above 8
9 qualifying criteria should be Clearly marked superscribed. Note: separately with stickers/ flag/ In case of the discovery at any stage about false information and submission of fake/tampered documents in support of the above or suppression of facts, the bid shall be rejected and empanelment, if already done with PFRDA shall stand cancelled. In such a case, the PFRDA reserves the right to blacklist such agency for a period as per its own discretion and take such other action as may be warranted.. 6. Scope of Work 1. Preparation of artwork for different advertisement campaigns and release of the same in Print or Electronic Media at rates not exceeding the DAVP rates for such activities. 2. Publication of all forms of advertisements (General & display) including Notice Inviting Tender (NIT), Public Notice, and Recruitment Notice etc. at rates not exceeding the DAVP rates for such activities. 3. Artwork for Hoardings, Posters, designs of all other outdoor media advertisements. 4. Designing, Printing, Production and Distribution of Annual Reports, Folders/ Brochures/ Pamphlets/ Leaflets/ Posters, House Journal, Stationers, Greeting Cards, Visiting Cards, Diaries, Calendars and other print jobs as may be required from time to time. 5. Production and release of TVC, Radio Jingles, Flash based videos, films/ documentaries, infographic materials etc. for PFRDA. The DAVP rates would be applicable wherever rates are available. 6. Release of advertisement in electronic media such as Radio, TV etc. 7. Organising events, functions of PFRDA and setting up walls/ pavilions/ exhibitions, tableaus etc. 8. Printing of visiting cards, photocopying, set-making. Spiral/perfect binding of books/booklets/instructions etc. on very urgent basis. 9. Suggestions/preparation of media plan for advertising campaigns, in Print, Electronic and Social/ Online Media. 10. Any other work related to Publicity of PFRDA regulated pension schemes. 7. Evaluation of Offers The following process for evaluation of the offers received for empanelment will be followed: 1 st Stage of Evaluation: Initially all the request received in response to this RFE will be scrutinized for finding out the fulfilment of the Minimum Qualifying Criteria as per para 5.1 the RFE. This process will be a filtering process. It is made clear that any 9
10 agency not meeting any of the criteria as specified in clause 5.1 above would be summarily rejected and would not be considered for evaluation. In addition to the same, agencies qualifying for the clause 5.1 would also be rated and scrutinized for additional marks under the clause 5.2. Additional Desirable Criteria, however, unlike the Minimum Eligible Criteria these will not lead to rejection of proposal for empanelment 2 nd Stage of evaluation All the agencies found eligible in the para 5.1 Minimum Qualifying Criteria at 1 st stage of evaluation will be evaluated based on Corporate Strength, Media Experience and Creative Competence. All the agencies will be called for presentation before a committee of PFRDA officials, constituted by the competent authority, to evaluate the creative competence as per the evaluation criteria. After evaluation, a list of five advertisement agencies will be finalized. Evaluation Criteria Particulars Maximum Score Maximum score for subparameter Scoring Criteria Advertisi ng Agency Score A. Corporate Strength 20 Sub-Parameters 1. Work Experience in Advertising field 5 5 to < 7 years- 2 7 to < 10 years- 3 More than 10 years Annual turnover (During Last F.Y ) Crs to < 200 Crs: Crs. To < 500 Crs: 3 More than Rs.500 Crs.: 5 3. No. of Branch Offices 3 1 point for each city maximum of 3 points 10
11 5. No. of on roll Creative Professionals at Delhi/ NCR office 6. No. of on roll Social media/ Online/ Digital advertising professionals at Delhi/ NCR office 7. On roll market research professionals at Delhi/ NCR office 3 3 creative professionals - 1 More than 3 creative professionals or more on roll Social media/ Online/ Digital advertising professional or more on roll market research professional- 1 B. Media Experience 20 Sub-Parameters 1. Billing for Govt. Agencies (Government Client/Govt. Departments/Central, State PSUs / Autonomous Bodies) (During Last F.Y ) 5 20 Crs to < 30 Crs: 3 30 Crs. to < 50 crs: 4 More than 50 Crs.: 5 2. Billing for Govt. Agencies for online/digital advertising of Government Client/Govt. Departments/Central, State PSUs / Autonomous Bodies/ Government Financial institution (During Last F.Y ) Crs to < 1.00 Cr: 3 1 Cr. to < 2 Crs: 4 More than 2 11
12 Crs.: 5 3. Agency empanelment with Government organizations (as on date of application) 5 2 empanelment s- 3 3 to 4 empanelment s: 4 5 and above empanelment s Advertisement assignments executed (During Last F.Y ) 5. Online/ Digital advertisement campaigns executed for Government Organizations (During Last two F.Y and ) 3 5 to < 10: 1 10 to <15: 2 More than 15: 3 2 Less than 2-0 More than 2-2 C. Creative Competence Demonstration of job samples carried out various entities. 1 Advertisements in colour (one each in English & Hindi) See Assignment 1 2. Three colored ads as part of one series campaign For contents and conditions, see Assignment Based on presentation made 20 Based on presentation made 12
13 3. Communication plan for PFRDA for next one year For contents and conditions, see Assignment 3 15 Based on presentation made The assignments would be rated on the criteria of Graphic imagery, Creativity, Concept, Concept & Content continuity, Taglines/ Punchlines/ Slogans/ Wording, Body Copy etc. It may be noted that the aforementioned list of criteria is indicative and not exhaustive. Assignment 1 Preparing Print Advertisement: Prepare a display advertisement (one each in Hindi& English). Theme: Importance of Retirement Planning for the Young Citizens with special reference to NPS Target Group years; Media- Print Coverage- Pan India Assignment 2 Three Colored Advt. as part of series campaign highlighting the features of NPS along under the following three themes: Ease of Joining (multiple channels), Tax benefits with Retirement planning 100 Need of regular and timely contribution in corpus building through NPS The applicant agency has a liberty to decide the sequence of the ad themes in the series. Media- Print Coverage- Pan India Assignment 3 Formulate a Communication Plan for PFRDA for next one year, keeping in view, all the stakeholders. This communication plan should not 1200 words and should not exceed three pages (A-4 size). 8. Method of Job Allocation 1. The empaneled agencies will be required to provide services to PFRDA for routing advertisement releases etc. In the event of a specific launch of a media 13
14 campaign, PFRDA reserves the right to contact any/all empaneled agencies to develop/submit creatives. PFRDA reserves the right to distribute the selected creatives so developed either to DAVP or amongst one or more agencies for further releases of the same to the media. PFRDA s decision in respect of choice of agency for release of the ad through all three/ any of the three agencies would be considered final. Any avoidance/denial/delay in service will be treated as serious failure based on which termination of empanelment may be carried out. 2. Charges for jobs other than press advertisement like printing, exhibitions, hoardings, video-film, preparing commercials/tv/radio Spots etc. will be decided on competitive bidding basis/ selection process interse the empaneled agencies. Notwithstanding the empanelment, it shall be well within the rights of PFRDA to get all or any work done under this RFE, through other agencies/davp, as may be decided.. 3. Bill for advertisement releases should invariably be supported by copies of the bills from newspapers/magazines, DAVP/Other rate cards, voucher copies and other relevant bills in triplicate. Payment will be made in each case after verifying these documents. 4. The agencies will not be paid for translation of material in English to Hindi or to any other vernacular Indian languages, if required (in case advt. is being released through the agency). 5, For all advertisement including tenders in newspapers, no charges will be paid for design and supply of artwork/photocopies (in case advt. is being released through the agency). 6. The agency will not be paid for creatives and designs in case the advt. campaign is launched/ released through them. However, in case the advt. campaign is launched /released through DAVP or other agency, the agency will be paid a lump sum for the selected creative advt. designs depending upon creativity of the job executed. In all cases, the intellectual property rights of creatives (once submitted to PFRDA) will be with PFRDA and PFRDA will have the right to repeatedly use it in different media like print, outdoor, electronic, social/ online media etc. without seeking permission from concerned advertising agencies or paying any commission or additional or recurring charges for the same.. Agency has to provide original soft copy of open file to PRDA. The agency cannot use the concept, artwork, picture, film and jingle for other clients once PFRDA selects it. 7. The agency should be able to execute order at short notices.8. PFRDA will not pay charges for preparation of samples/design and creative (artwork)/concept or commercial advertisement to any agency. 9. PFRDA reserves the right to make necessary modification to the selected artwork. Concept, film etc. 10. PFRDA reserves the right employ any outside agency for carrying out media campaigns or directly release the media campaign in any media vehicle. 14
15 11. The creative submitted by the agency shall be an original work and not be violative of or an infringement of intellectual property rights of any third party. PFRDA shall not be a party to any claims arising from any third party and the agency shall be solely liable for the same and shall keep PFRDA and its officers indemnified from any claims so arising 9. Payment Terms and Conditions 1. No advance payment would be effected towards any media ad preparation/ production and release. Payments would only be made post submission of original bills/ invoices. 2. Payment to agency shall be made on submission of the bill on DAVP rates of the various newspapers, duly stamped with all copies of the advertisements released in selected newspapers with service tax as applicable to the Govt. of India within a period of 60 days from the release of such advertisement. Bills post the expiry of the said period, would not be entertained for payment. 3. TDS shall be deducted at source from the running bills as under the provisions of the Income Tax laws 4. The Service Tax and education cess shall be paid as applicable and as per actual. 5. For facilitating Electronic Transfer of funds, the empaneled Agencies will be required to indicate the name of the Bank & Branch, account no. (i.e. bank name, IFSC Code and Bank A/c No.) and also forward a cheque leaf duly cancelled, to verify the details furnished. These details should also be furnished on the body of every bill submitted for payments by the empaneled agencies. 10. Amendments to the RFE At any time prior to the deadline for submission of proposals, PFRDA may modify/amend or vary, for any reason deemed necessary, the RFE by an amendment notified on PFRDA website or in writing or by fax or to all the bidders who have received this RFE and such amendment shall be binding on them. 11. Modification, Substitution and Withdrawal of Proposal No proposal can be withdrawn in the interval between the deadline for submission of proposals and the expiration of the validity period as specified in section 14 of this RFE. However, bidder is allowed to withdraw his offer documents till deadline for submission of proposals, i.e. till 15:00 hours, 25 th March Once the offer documents are submitted, modifications and substitutions in the offer documents shall not be allowed. 12. Language of the Proposal The proposal and all correspondence and documents shall be written in English. All proposals and accompanying documents received within the stipulated time will become the property of the PFRDA and will not be returned. The hardcopy version will be considered as the official proposal. 15
16 13. Proposal Preparation and Presentation Cost The applicant agency will be responsible for all costs incurred in connection with participation in this process, including but not limited to, costs incurred in conduct of informative and other diligence activities, participation in meetings, presentation, preparation of proposal and in providing additional information required by PFRDA. This RFE does not commit the PFRDA to empanel any agency. 14. PFRDA s Right to Terminate the RFE PFRDA may terminate the RFE process at any time and without assigning any reason. The PFRDA makes no commitment, express or implied, that this process will result in a business transaction with anyone. This RFE does not constitute an offer by the PFRDA. The bidder's participation in this process may result in PFRDA selecting the bidder to engage in further discussions and negotiations toward execution of a contract. The commencement of such negotiations does not, however, signify a commitment by PFRDA to execute a contract or to continue negotiations. The PFRDA may terminate negotiations or cancel or annul the RFE process at any stage without assigning any reason. 15. Venue and Dateline for Proposal Submission Proposals should reach PFRDA at the following address. The Deputy General Manager (Media), Pension Fund Regulatory and Development Authority, Media Department, 2 nd Floor, B-14/A, Chatrapti Shivaji Bhawan, Qutab Institutional Area, Katwaria Sarai, New Delhi In case the proposal is submitted by hand, bidder s representative(s) shall sign a register evidencing their attendance. Last Date & Time of Submission of Proposal: 25 th March 2016 by Hrs. The proposal submitted after the abovementioned cut-off date and time will not be accepted. 16. Other Important Information a) The PFRDA is however not bound to accept any proposal or to assign any reason for non-acceptance. The PFRDA reserves its right to accept the proposal either in full or in part. Conditional, erroneous and incomplete proposal will be rejected outright. b) Advertising Agencies submitting proposals will not be permitted to alter or modify their proposals after expiry of the deadline for receipt of proposals. c) The PFRDA reserves its right not to accept proposals from Advertising Agencies resorting to unethical practices or on whom investigation/enquiry proceedings has been initiated by Government Investigating Agencies / Vigilance Cell. 17. Tax Clause 16
17 PFRDA would only reimburse Service Tax and Education cess as part of total contract, wherever applicable. Any other tax or levy either Central/State incurred by Advertising Agency would not be reimbursed by PFRDA. 18. Proposal Ownership The proposal and all supporting documentation submitted by the Public Relations (PR) Agency shall become the property of PFRDA. The proposal and documentation may be retained, returned or destroyed as decided by PFRDA. 19. Rights over the Work Products/Deliverables & Confidentiality The ownership including intellectual property rights over all work products/deliverables and other intermediate documents and media plans provided by Advertising Agency in terms of the RFE and under the contract between the parties shall vest with PFRDA. Further all documents submitted by the applicant along with proposal and during the presentation shall be the exclusive property of the PFRDA which shall not be returned back to the applicant. The Advertising Agency shall maintain utmost confidentiality and shall not disclose/part with any deliverables created for the purpose of this agreement to any third party either for commercial or for any other purpose and shall further not disclose any information received by it from the PFRDA to any third party and shall maintain strict confidentiality with respect to such information, as may be specified in the contract with the PFRDA, failing which it shall be held liable. 20. Governing Laws/ Jurisdiction Arbitration Any matter relating to the empanelment of advertising agencies or the procedure for the empanelment of advertising agencies shall be governed by the Laws of Union of India. The dispute relating to such appointments shall be subject to the exclusive jurisdiction of the Courts at New Delhi (with exclusion of all other Courts) which shall have the jurisdiction to decide or adjudicate on any matter or dispute which may arise. 17
18 Annexure-I Empanelment of INS Accredited & DAVP approved Advertising Agencies in Pension Fund Regulatory and Development Authority, New Delhi (to be submitted by Advertising agencies on their letter heads) APPLICATION FORM Sub: Request for Empanelment of Advertising Agencies in Pension Fund Regulatory and Development Authority. Note: The relevant information sought in proforma below may be mentioned in short against the points here only. Detailed documents/certificates etc may be enclosed and flagged) 1. Name & Address of the Agency Tel/Fax/ details : 2. Date of Establishment (enclose evidence) : 3. Branches (encloses details with address & telephone no., ) : 4. Address and Contact Details of Delhi Office 5. Name of Contact Person at Delhi, with Designation along with contact details 6. Furnish detailed information on the infrastructure available in Delhi Office 7. Total No. of persons working in Delhi office along with details of full-time staff including creative professionals, social media/ online/ digital advertising professionals and research professionals (Attach Separate sheet if required) 8. Is your firm a proprietorship, partnership or registered under the Companies Act : 18
19 Please give details & enclose Certificate 9. Accreditation detail of INS along with validity, (Enclose latest certificate) 10. Empanelment detail of DAVP (Enclose certificate/letter from DAVP) 11. Details of Income Tax Registration. Enclose IT Clearance / PAN details 12. Details of Turnover during last financial year (FY ). Balance Sheet, Profit & Loss accounts duly verified by C.A. (enclosed attested copies) : : : : (mention last year's Turnover in crores here) 13. Billing from Govt. Clients/Govt. Dept./Central, State, PSUs/ Autonomous Bodies Separate certificates for Print advertisement campaigns executed (during FY ) Online/ Digital advertising campaigns executed. (during FY and ) (Attach certificate from Chartered Accountant) 14. Service-Tax Registration details & enclose copy of latest service tax clearance certificate 15. Professional set up (Complete details of machinery, staff, editorial staff, designers & others) Enclose list. 16. List of present clients & sample of recently done works (enclose copies) : : : (list no. of present clients here) 17. Please provide information on the following works based on which the agency is seeking qualification (Attach work orders and/or other documentary proof in support) Submit copies of your two best campaigns designed and published (Scanned, Colour copies : 19
20 in A-4 size) Attach two of your best samples each of corporate brochure, house journal, calendar and diary (Only those which are of A-4 size or below, otherwise colour photocopies in A-4 size Details of experience in producing Corporate films/documentaries/tvc/radio Jingle etc. 18. Are you on the panel of any financial organization If yes, give details (Attach separate sheet, if required) 19. Details of appreciation(s) / award(s) received by your agency (if any) in advertisement campaigns (Attach separate sheet, if required) : : 20. Any other information : Note: Document evidence may please be provided, wherever applicable, in the form of photo copies (Accreditation Certificates, Audit Reports, Work Orders, Release Orders, etc.) I/We hereby certify that all the particulars given above are correct and true to the best of my knowledge and I/we have understood the provisions of offer document Signature Full Name (In Capital Letters) Designation Address Authorized Representative) Note: Seal of the Company Authority letter from the competent authority i.e. CMD/MD/ Chairman/Director etc. for signing the proposal document on behalf of advertising agencies, is to be enclosed. Stamp impression must show the Name, Designation, office etc. 2. If needed, the agency can use separate sheets (A-4 size) for explaining the above points 20
21 3. PFRDA reserves the right to verify the facts given by the agency, with any authority, if required. 21
22 Annexure-II DECLARATION BY APPLYING AGENCY 1. I, (Name of the person) am authorized to declare on behalf of the (Name of the agency) hereby declare that the agency have: a. Full-fledged office established in....., New Delhi with needed manpower. b. Creativity in development communication of high standard befitting the expectations of the Authority. 2. I also declare that all the statements made in this application are true, complete and correct to the best of my knowledge and belief. I understand that if at any stage, it is found that any information given in this application is false/ incorrect or that our agency do not satisfy the eligibility criteria, our candidature/ empanelment is liable to be cancelled/ terminated. 3. I understand that the decisions taken by the Pension Fund Regulatory and Development Authority is final in all matters. 4. I hereby agree to work as per the terms and conditions ruled out by Pension Fund Regulatory and Development Authority. 5. I understand that the Pension Fund Regulatory and Development Authority reserves the right to accept or reject and to cancel the empanelment process and reject all expression of interests at any time prior to the award of the contract, without detailing any specified reasons whatsoever. Signature Full Name (In Capital Letters) Designation Address Authorized Representative) Seal of the Company
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