Disclaimer
]The information contained in this Request for Proposal (“RFP”) document or information
provided subsequently to the applicants whether verbally or in documentary form, by
ALLAHABAD BANK is provided to the applicants on the terms and conditions set out in
this RFP document and all other terms and conditions, subject to which such information
is provided. This RFP document is not an agreement and is neither an offer nor an
invitation to offer by ALLAHABAD BANK. This RFP is to invite proposals from applicants
who are qualified to submit the application. The purpose of this RFP is to provide the
applicants with information and to assist them in formulation of their proposals. This RFP
does not claim to contain all the information, which each Applicant may require. Each
Applicant should, at its own cost without any right to claim reimbursement, conduct its
own investigations, analysis and should check the accuracy, reliability and completeness
of the information in this RFP and wherever felt necessary obtain independent advice.
ALLAHABAD BANK makes no representation or warranty and shall incur no liability
whatsoever under any law, statute, rules or regulations as to the accuracy, reliability or
completeness of this RFP. The information contained in this RFP document is selective and
is subject to update, expansion, revision and amendment. ALLAHABAD BANK do not
undertake to provide any Applicants with access to any additional information or to
update the information in this RFP document or to correct any inaccuracies if any therein,
which may become apparent. ALLAHABAD BANK reserves the right of discretion to
change, modify, add to or alter any or all of the provisions of this RFP and/or the bidding
process, without assigning any reasons whatsoever. Such change will be intimated or
made accessible to all Applicants or can be accessed in website of ALLAHABAD BANK.
Any information contained in this RFP document will be superseded by any later written
information on the same subject made available/accessible to Applicants(s) by
ALLAHABAD BANK. All information about ALLAHABAD BANK and the proposed
assignment furnished by the Applicants to ALLAHABAD BANK in the context of the
proposed assignment is referred to in this Bid document as “Confidential Information”.
Information provided in this RFP is on a wide range of matters, some of which may depend
upon interpretation of law. The information given is not intended to be an exhaustive
account of statutory requirements and should not be regarded as a complete or
0
authoritative statement of law. Further, ALLAHABAD BANK also does not accept liability
of any nature whether resulting from negligence or otherwise howsoever caused arising
from reliance of any Applicants upon the statements contained in this RFP. ALLAHABAD
BANK reserves the right to reject any or all proposals /Bids received in response to this
RFP at any stage without assigning any reason whatsoever and without being liable for
any loss/injury that Applicants might suffer due to such reason. The decision of
ALLAHABAD BANK shall be final, conclusive and binding on all the Applicants/parties
directly or indirectly connected with the bidding process.
1. Objectives:-
The Bank requires the services of Advertising Agencies for effective and proper Publicity
work of the Bank. Their expertise is required in positioning of Brand image of Bank and
in terms of Technical know-how, designing, copywriting, print artworks, flex designing,
Press Relations, information regarding various media and for undertaking specific
outdoor activities for the Bank like designing and construction of stalls at fairs /
festivals and managing various events on behalf of the Bank.
3. Eligibility Criteria
a) Applications are invited from reputed firms of Advertising Agencies having Indian
Newspaper Society (INS) accreditation as well as accreditation and/ or any
arrangement for working with Prasar Bharati
1
b) The Agency should have atleast have 5 years’ experience in handling publicity,
including Media Buying and Event Management and other PR related work.
c) The Agency must be presently empanelled with at least two PSUs/ Commercial
Banks. Proof /certificates to be enclosed alongwith.
d) The Agency should have an annual turnover not less than Rs.20.00 Crore
(Minimum) in publicity related work for the last two years (2016-17 and 2017-
18).
e) The Agency should have a full fledged Office in Kolkata and preferably in at least 2
other metropolitan centers with proper infrastructure including adequate
manpower, Technology backup and facilities for production of Quality Artwork/
Designs.
f) Documentary evidence in support of clause (a) to (e) above should be provided.
4. Submission of Application:-
The Complete application in sealed cover super scribed, as “Application form
Empanelment of Advertising Agencies ……….2019 ” along with necessary documents
to be submitted to:
To
Chief Manager
Allahabad Bank, Head Office
Publicity Department,
Netaji Subhas Road,
Kolkata – 700 001.
Agencies applying for empanelment may please note that a non refundable application
fee is Rs 20000/- (Rupees Twenty thousand only) is to be enclosed with the
application in the form of Pay Order or Demand Draft in favour of Allahabad Bank
payable at Kolkata.
No application will be accepted after the due date. Last date for submission of
application is 04/01/2019 3.00 PM Application is liable to be rejected if:
1. The documents submitted are incomplete.
2. It is received after the expiry of due date and time stipulated for
application submission.
3. Application Fee has not been paid.
4. The Agencies not fulfilling the criterion defined in the draft RFP will be
rejected summarily at the sole discretion of the Bank.
a) if the empanelled agency fails to deliver / undertake any or all of the services
within the time period(s) specified in the contract / work schedule/request , or
any extension thereof granted by the Bank;
b) If the empanelled agency fails to perform any other obligation(s) under the
Contract, in that event, the Bank may terminate the contract in whole or in part
pursuant to the above, the Bank reserves the right to get the remaining services
executed by another Agency of its choice, by giving one month’s notice and in
that eventuality the Agency is bound to make good the additional expenditure,
that the bank may have to incur in executing the remaining part of the contract.
25. The empanelled agency shall abide by all relevant rules and regulations of the
Government as issued from time to time and also to obtain all licenses, consents
and permits, as may be required for the delivery / performance of the services from
time to time. Agency shall be responsible for adhering to norms of Advertising
Standards Council of India (ASCI). Agency shall keep informed ALLAHABAD Bank
about any change in accreditation status of the agency with INS, Doordarshan, AIR
etc.
4
26. All rights for reproduction, editing and future use of the creative layouts accepted
for release and/or released by the bank shall be with Allahabad Bank unless
otherwise stated explicitly & agreed by ALLAHABAD Bank at the time of accepting
the layout. The agency shall indemnify ALLAHABAD Bank against any third party
claims of infringement of patent, copyright, trademark or industrial design,
intellectual property rights arising from use of any design/model if any under the
scope of contract including all legal and court costs and expenses, court awarded
damages/compensation, out of pocket expenses etc incurred by ALLAHABAD Bank.
27. The empanelled Agency at its own cost will defend or settle any claim against
ALLAHABAD Bank to the effect that the empanelled Agency infringed any
Intellectual Property Rights, trade mark, copy right etc. of any person (including
third party).
28. In the event of any actions being contemplated or instituted against the Bank, for
alleged infringement of any intellectual property right or other statutory or common
law rights, the Bank reserves the right to cancel immediately its contract or part
thereof yet to be undertaken and the Agency shall compensate / the Bank any of
the commission already paid to the Agency or any other loss that might be incurred
by the Bank.
29. ALLAHABAD Bank through its authorized officers/representatives shall have right
to inspect the services regarding conduct of Advertising services for the Bank.
Should any inspection point to the need of improvement, the necessary alteration
shall be incorporated free of cost by the agency.
30. ALLAHABAD Bank reserves the right to disqualify such agencies who have a record
of not meeting contractual obligations against earlier contracts entered into with
ALLAHABAD Bank.
31. ALLAHABAD Bank reserves the right to blacklist an agency for a suitable period in
case the agency fails to honour its bid without sufficient grounds.
32. In case ALLAHABAD Bank desires the advertisement or other services to be
published/ broadcasted in any other regional languages, free translation of
advertisement text from English to regional languages shall be done by the agency
free of cost and vice versa.
33. The selected Agency(ies) shall indemnify and keep indemnified the Bank against all
losses, damages, costs, charges and expenses incurred or suffered by the Bank due
to or on account of any claim for infringement of intellectual property rights. The
selected Agency(ies shall indemnify and keep indemnified the Bank against all
losses, damages, costs, charges and expenses incurred or suffered by the Bank due
to or on account of any breach of the terms and conditions contained in this RFP or
Service Level Agreement to be executed. Bank at all times against all claims,
demands, actions, costs, expenses (including legal expenses), loss of reputation and
suits which may arise or be brought against the Bank, by third parties on account
of negligence or failure to fulfil obligations by the selected Agency or its
employees/personnel.
34. For any further information, you may contact Tel No: 033- 2231-9466
All indemnities shall survive notwithstanding expiry or termination of agency contract and
the Vendor shall continue to be liable under the indemnities.
5
6. Pre-qualification Criteria: The Agency((ies) submitting the Bids / Application for the
scope of work (as detailed herein) shall meet the following criteria:-
1. The Agency shall be in the business of handling publicity including media buying and
event management and other PR related work for at least 5 years as on 31.03.2018.
(Documentary evidence to be submitted with Technical bid).
2. The Agency(ies) shall be any Public limited, Private Ltd, Partnership Firm, LLP,
proprietorship.
3. The Agency(ies) shall have minimum business turnover of not less than Rs.20.00
Crores per year during each of the last 2 (two) FYs i.e. 2016-17 and 2017-18.
(Documentary evidence to be submitted with application).
4. The Agency (ies) must be a registered firm/concern (Self attested photocopy of ATR/
Audited Balance Sheet for the last 2 (two) FYs i.e2016-17 and 2017-18 to be furnished.
(Audited Balance Sheet for 2016-17 & Un-audited Balance Sheet for 2017-18 duly
authenticated by the Auditor may be furnished if the Audited Balance Sheet is not
available).
5. The Agency (ies) shall have at least two clients like PSU/ Commercial Banks
(Documentary evidence to be submitted with application).
6. Declaration on letter-head of the Agency(ies) that its contract in the past was not
terminated during the contract period due to unsatisfactory performance.
7. Declaration on letterhead of the Agency(s) that they have not been put in the negative
list by any public sector bank/ Govt. organization, for breach of applicable Laws or
violation of regulatory prescriptions or breach of agreement.
8. Declaration on letterhead of the Agency(s) that the Agency has a clean track record and
they didn’t have any involvement in illegal activities or financial frauds. RFP document
without declaration will not be considered and will be rejected forthwith.
9. Declaration on letterhead of the Agency(ies) that the Agency confirm and undertake that
no action has been initiated against it by any other Government, Statutory authority or
Judicial authority with regard to any violation of law or other financial irregularities.
10. Any Bid submitted in variance of the above term shall not be considered for evaluation
and award of work.
11. The Agency(ies) should give a certificate as part of the Bid/proposal. An indicative
format of the Certificate, which may be suitably modified by the Agency, is given below;
"We certify that there has been no conviction by a court of law or indictment/ adverse
order in any jurisdiction by any regulatory authority or body for any offence or wrong
doing against us or any associate / affiliate / sister concern(s) or the CEO, Directors /
Managers / Employees of our concern or that of our associate / affiliate / sister
concern(s). It is further certified that there is no investigation pending or threatened
against us or our associate / affiliate / sister concern(s) or the CEO, Directors / Managers
/ Employees of our concern or that of our associate / affiliate / sister concern(s) in any
jurisdiction. We certify that working for ALLAHABAD BANK in relation to the proposed
6
assignment does not and will not conflict with the other assignments that we have or may
have now or in future. We further certify that we will not share Confidential Information
with other assignment teams working for other clients or any other staff member who may
be conflicted.”
13. If any information provided by any Agency is found and/or proved to be incorrect or
misleading, such bid shall be summarily rejected / disqualified. Such Agency may also be
blacklisted for all future assignments/services by ALLAHABAD BANK.
8.CONTRACT TERMINATION/CANCELLATION:
The Bank reserves the right to cancel the contract placed on the selected Agency and
recover expenditure incurred by the Bank under the following circumstances:-
a. The selected Agency commits a breach of any of the terms and conditions of the bid.
b. The Agency goes into liquidation, voluntarily or otherwise.
c. After award of the contract, if the selected Agency does not perform satisfactorily or
delays execution of the contract, The Bank reserves the right to get the balance
contract (remaining work) executed by another party of its choice by giving three
months’ notice for the same. In this event, the selected Agency is bound to make
good the additional expenditure, which The Bank may have to incur in executing
the balance contract. This clause is applicable, if for any reason, the contract is
cancelled.
9.INDEMNIFICATION.
7
Agency(ies) shall indemnify, hold harmless and defend the Bank and its officers,
employees and agents (“indemnities”) from and against any and all liability, loss, claims,
demands, suits and causes of action of any nature on account of death, personal injuries,
property loss or damage or any other kind of loss or damage, including all expenses of
litigation, court costs, attorneys’ fees and expert witness fees which arise or are claimed to
arise out of or in connection with this agreement or the performance of this agreement
regardless of whether the injuries, death, or damages are caused or are claimed to be
caused by the concurrent or contributory negligence of indemnities. Agency must, at its
own expense, investigate all claims and demands, attend to their settlement or other
disposition, defend all actions based thereon with counsel reasonably satisfactory to
indemnities, and pay all charges of attorneys and all other costs and expenses of any kind
arising from any said liability, damage, loss, claims, demands or actions. The
indemnification obligations of Agency under this section survive the expiration or sooner
termination of this agreement.
In order to perform the services, the Agency must obtain at its sole account, the necessary
assignments, permits and authorizations from the title holder of the corresponding
patents, models, trademarks, names or other protected rights and shall keep the Bank
harmless and indemnified from and against claims, proceedings, damages, costs and
expenses (including but not limited to legal costs) for and/ or on account of infringements
of said patents, models, trademarks names or other protected rights.
All documents, report, information, data etc. collected and prepared by the Agency in
connection with the scope of work submitted to the Bank will be property of the Bank. The
8
Agency shall not be entitled either directly or indirectly to make use of the documents,
reports given by the Bank for carrying out of any services with any third parties. The
Agency shall not without the prior written consent of the Bank be entitled to publish
studies or descriptive article with or without illustrations or data in respect of or in
connection with the performance of services.
The pre-existing intellectual property of the Agency used in deliverables shall remain
vested with the Agency. Anything developed during the course of the project shall be
owned by the Bank.
12.Confidentiality
The Agency (ies) must undertake that they shall hold in trust any Information received
by them, under the Contract/ Agreement, and the strictest of confidence shall be
maintained in respect of such Information. The Agency has also to agree:
1.1 To maintain and use the Information only for the purposes of the
Contract/Agreement and only as permitted by THE BANK;
1.2 To restrict access and disclosure of Information to such of their employees, agents,
strictly on a "need to know" basis, to maintain confidentiality of the Information
disclosed to them in accordance with this Clause and to treat all Information as
Confidential Information.
13.AMENDMENT OF RFP:
1.1 Any modification of the RFP, which may become necessary, shall be made by the
Bank exclusively through the issue of an Addendum/ Corrigendum.
1.2 At any time prior to the deadline for submission of bids, the applicant, for any reason,
whether at its own initiative or in response to a clarification requested by a prospective
Agency, may modify the RFP by amendment.
1.3 All prospective Agency (ies) who have purchased the RFP will be notified of the
amendment in writing or by fax or e-mail and will be binding on them.
1.4 In order to afford prospective Agency(ies) reasonable time in which to take the
amendment into account in preparing their bid, the applicant, at its discretion, may
extend the deadline for the submission of bids.
1. The Agency is not found eligible as per the criteria mentioned in the RFP.
2. The document submitted by the Agency if found incomplete, as per the requirement
mentioned in the RFP.
3. Any Conditional submission of offer/bid is not acceptable and liable to be rejected at the
sole discretion of the Bank.
4. Agency fails to submit desired information in the given Format.
9
5. Any information submitted by the Agency is found to be untrue/fake/false, the bid/offer
is liable to be rejected.
6. The Agency fails to provide clarification/ supplementary information sought by the
Bank for evaluation within specified time, the bid/interest will be liable to be rejected.
The Bank shall be under no obligation to accept any offer received in response
to this RFP and shall be entitled to reject any or all offers without assigning any reason
whatsoever and without any cost & compensation therefore. The Bank may abort the
entire process at any stage without thereby incurring any liability to the affected Agency(s)
or any obligation to inform the affected Agency(s) of the grounds for Bank's action.
15.Jurisdiction
The parties to this agreement shall submit to the jurisdiction of courts in Kolkata.
16.Governing Laws
The provisions of this agreement shall be governed by the laws of India.
10
Annexure A
ii. Name: M:
4 E-mail Address:
iv.
10 Experience in Details:
11
11 Names of Major Clients:
a. In Kolkata:
b. At other Metros:
I / We certify that the above statements are true and I / we undertake to submit
any other testimonials certificates whenever called for in support of our statement.
This application will not in any way construe as our claim for empanelment.
Authorised Signatory
Designation:
Date:
Place: Seal
13
Annexure - B
Undertaking by the Applicant
Date:
To
The Asstt. General Manager
Corporate Communication Department
Allahabad Bank
Head Office
2, N S Road
Kolkata – 700001
We, the undersigned are duly authorized to represent and act on behalf of
M/s……………..………………..., having its registered office at
……………………………………………………….. (CIN No…………………………………) in
terms of the Board Resolution dated ………………… (Copy Enclosed).
Having reviewed and fully understood all information provided in the Invitation for
Proposal Document dated ……….…….. Issued by the Bank,
……………………………………………………… is hereby tendering the proposal. As required
we are enclosing the following:
a) Proposal as per the Invitation Document;
b) Other details and supporting documents in response to the requirements
outlined in the Invitation Document;
1. Our Proposal is unconditional and will remain open for acceptance up to 180 days from
the last date of submission of the proposal.
2. We undertake that we shall make available to the Bank any additional information /
clarification it may find necessary or require to supplement or authenticate the
Proposal.
3. We hereby agree, undertake and declare as under:
a) Our Application is, in all respects, compliant with the requirements of the Notice.
Without prejudice to the foregoing, notwithstanding any qualifications or conditions,
whether implied or otherwise contained in our Application, we hereby represent and
confirm that our Application is unqualified and unconditional and is without any
deviations, conditions or any assumptions in all respects.
b) Notwithstanding any qualifications or conditions, whether implied or otherwise,
contained in our Application, we hereby agree and undertake to keep this Application
valid and open for acceptance without unilaterally varying or amending its terms for
14
the period, including any extended period, as specified in accordance with the Notice.
c) We confirm and declare that we have sound business policies, ethical values and are
a customer / insured friendly organization and shall not do any act which may have
the effect of reputational and other losses, damages to the Bank.
d) We confirm that we are complying with the INS guidelines.
e) Notwithstanding any qualifications or conditions, whether implied or otherwise,
contained in our Proposal, we hereby agree and undertake to keep this Proposal valid
and open for acceptance without unilaterally varying or amending its terms for the
period, including any extended period, as specified in accordance with the proposal.
f) We declare that in the event that the Bank discovers anything contrary to our above
declarations, it is empowered to forthwith disqualify us and our Proposal.
g) We undertake that in case due to any change in facts or circumstances or applicable
law during the process, we are disqualified in terms of the proposal, we shall intimate
the Bank of the same immediately.
h) We further undertake that we have not been declared ineligible for corrupt or
fraudulent practices in any process in the past and have not been blacklisted by any
governmental or regulatory authority or stock exchange.
i) We confirm that the Bank and its authorized representatives are hereby authorized
to conduct any inquiry or investigation to verify the veracity of the statements,
documents, and information submitted in connection with this proposal and to seek
clarifications from our advisors and clients regarding any financial and technical
aspects.
j) This letter will also serve as authorization to any individual or authorized
representative of any entity referred to in the supporting information, to provide
such information deemed necessary and requested by you to verify statements and
information provided in this Proposal, or with regard to our resources, experience,
and competence.
k) We hereby irrevocably waive any right which we may have at any stage at law or
howsoever otherwise arising to challenge or question any decision taken by the Bank
in connection with the selection of the Advertising Agency, or in connection with
the process itself
4. We also understand that:
a. All information submitted under this Proposal shall remain binding upon us.
b. The Bank may in their absolute discretion reject or accept any Proposal, cancel the
application.
c. We acknowledge the Right of the Bank to reject our Proposal without assigning any
reason or process and reject all proposals. Otherwise and hereby waive our right or
challenge the same on any account whatsoever.
d. The Bank is not bound to accept any Proposal that it may receive pursuant to the
invitation for proposal.
5. We acknowledge that the Bank will be relying on the information provided in the
15
Proposal and the documents accompanying such Proposal for selection of the Proposers
and we declare that all statements made by us and all the information pursuant to this
letter are complete, true and accurate to the best of our knowledge and belief.
6. We hereby unconditionally undertake to comply with the timelines as specified in terms
of the invitation for proposal or as extended by the Bank from time to time at its sole
discretion.
7. This Proposal shall be governed by and construed in all respects according to the laws
of India. Courts in Kolkata, India, shall have exclusive jurisdiction in relation to any
dispute arising from the proposal, this Proposal and the Proposal process.
8. All the terms used herein but not defined, shall have the meaning as ascribed thereto
under the Invitation for Proposal.
9. All the information furnished by us here in above is correct to the best of our knowledge
and belief.
10. We categorically confirm that we have not been barred / blacklisted / disqualified by
any Regulators / Statutory Body in India and we understand that if any false
information is detected at a later date, the assignment shall be cancelled at the
discretion of the Bank, and we shall be liable for any consequential loss.
11. We categorically confirm that our contract in the past was not terminated during the
contract period due to unsatisfactory performance.
12. We categorically confirm that that we have not been put in the negative list by any
public sector bank/ Govt. organization, for breach of applicable Laws or violation of
regulatory prescriptions or breach of agreement.
13 We categorically confirm that that the Agency has a clean track record and they
didn’t have any involvement in illegal activities or financial frauds. RFP document
without declaration will not be considered and will be rejected forthwith.
14 Agency confirm and undertake that no action has been initiated against it by any
other Government, Statutory authority or Judicial authority with regard to any
violation of law or other financial irregularities.
We agree that the decision of Allahabad Bank in selection process will be final and binding
on us.
Date:
Place:
16
Annexure C
Date :
The performance of the agency is satisfactory during their tenure with us.
(AUTHORISED
SIGNATORY) NAME :
DESIGNATION:
17
Annexure D
(On letterhead of the Bank/Company duly stamped and signed)
Date :
(AUTHORISED
SIGNATORY) NAME :
DESIGNATION:
18
Annexure E
(On the letterhead of the Agency duly stamped and signed)
DECLARATION-CUM-CERTIFICATE
TO WHOMSOEVER IT MAY CONCERN
This is to certify that our Agency does not owe any money to any Publication/TV
Channel/Radio or any other media for more than ….. days and our Agency has not been
blacklisted by any Central/State Government/Public Sector
Undertakings/Banks/RBI/IBA/any other Corporate/any regulatory authority. Further,
this is to certify that our Agency does not have any legal, civil, criminal, taxation and other
cases pending against the Company/Agency that may have an impact affecting or
compromising the delivery of services required.
(AUTHORISED SIGNATORY)
NAME :
DESIGNATION
19
20