ANNEXURE - IV

SPECIAL CONDITIONS OF CONTRACT

1.0 Duration of the empanelment and the rate contract (of regularly used items) shall be three (3)
years from the date of issue of Contract/ Purchase Order/ NOA. ONGC reserves the right to
withdraw the empanelment at any stage without assigning any reason thereof. Period of
empanelment i.e. 3 years is subject to satisfactory performance, with provision for Annual Review
and de-empanelling any agency whose performance is unsatisfactory; additional agencies may be
empanelled to fill in the vacancy (from the agencies which were considered during the initial
empanelment process but could not be ultimately empanelled, as per ranking).

2.0 Performance Evaluation: Annual evaluation of performance(s) of the empanelled advertising

agencies would be done by the Chief CC.
If the agency (ies):

i. fails to adhere to specified delivery schedule repeatedly on two occasions, or

ii. does not participate in pitching at least three times in a year without seeking prior excuse, or
iii. does not adhere to the laid down specifications or
iv. the performance of the agency is non-satisfactory, or
v. violates terms and conditions of this empanelment contract or;
vi. is declared insolvent or
vii. are proven to indulge in unfair practices such as forgery etc.

In such cases mentioned at Point No. (i)-(vi) above, review of continuation of empanelment shall
be done at the discretion of ONGC.

3.0 Rejection criteria

Please refer Empanelment Methodology & Empanelment Assessment Criteria at Annexure – V.

4.0 Creative design (s) for each content shall be evolved through creative pitching by all empanelled
advertising agencies, based on brief given by ONGC. ONGC will have the right to call any other
empanelled advertising agency by other work centers for pitching of any content/design and
empanelled agencies will pitch with such agencies competitively. The design and artwork will be
done by the same agency finalized for a particular job. The best creative will be selected by ONGC.
In case of a media campaign, the agency whose creative is selected shall be given the responsibility
of releasing the campaign. In print campaigns, since trade discount per industry practice/INS
guidelines on the agreed publication cost with ONGC is availed directly by the agency from the
publication, no additional creative compensation from ONGC shall be paid. The media plan shall
be prepared by ONGC.

5.0 Jobs not covered under rate contract shall be awarded based on the sealed quotations received
from the empanelled agencies and opened jointly by CC and finance and the job will go to the
agency quoting the lump sum lowest.
6.0 The advertising agencies empanelled with a particular work centre can also be used by other work
centre(s), if required and provided the agencies concerned have required infrastructure in the other
work centres; however, if any rate contract exists at the location where the jobs are done, the same
would apply.

7.0 Work done by each empaneled agency under this contract should be reviewed after each year. There
will be no minimum guarantee of work. Work will be assigned as per qualification through creative
pitching and satisfactory performance.
8.0 Bidder shall bear, within the quoted rates, the Personnel Tax as applicable in respect of their
personnel and their sub-contractor’s personnel, arising out of this empanelment. Bidder shall also
bear, within the quoted rates, the Corporate Tax, as applicable from time to time, on any income
arising as a result of this empanelment.

9.0 Office of the Chief Corporate Communication, ONGC Ltd. Deendayal Urja Bhavan, 5 Nelson
Mandela Marg, Vasant Kunj, New Delhi Tel: 011-26754013/ongcdelhicc@ongc.co.in, or his
authorised representative may be contacted for assignment and execution of the Job. Agencies
shall work for other departments only with the prior consent/approval from Corporate
Communications office, Delhi / Incharge CC of respective work-centers.

10.0 Agencies shall be required to have valid INS accreditation during the entire period of empanelment
for media release whenever required.

11.0 Agencies shall undertake that ONGC photographs, finalized designs commissioned by ONGC shall
be the Intellectual Property (IP) of ONGC and shall not be reproduced or shared with any other
entity without approval of Corporate Communications department of ONGC. Further, the agencies
undertake that all creative submissions shall be the original work of the agency and do not infringe
any copyrights or IP.

12.0 Payment Terms:

12.1 No advance payment shall be considered. CORPORATION shall pay to CONTRACTOR for the
services, to be provided by the CONTRACTOR as per the Work Order, as per the price Schedule
at Annexure-VIII. The rates payable, shall be firm during the entire CONTRACT period, including
extension period, if any. In case of advertising services, the payment will be made as per the price
indicated for publications in which the advertisement has been published. In case, the
advertisement is not published in some editions of a particular publication and the Work Order
indicates a lump sum package price for a number of Editions, the deduction will be made based on
the individual standalone price (s) of the Editions (where the advertisement has not been published)
indicated in the published Rate Card of the publication. Rate Card means the published Price List
(advertisement tariff) of all the Editions of that Publication.

12.2 All Bills along with relevant supporting documents in triplicate shall be addressed to the In-charge
(F&A) and submitted to office In-charge Corporate Communications (respective location).

12.3 Invoices with original supporting documents duly countersigned by the CORPORATION’s
representative will be submitted by the CONTRACTOR to CORPORATION and payment shall be
made within 10 (ten) calendar days from the date of receipt of clear invoice (complete in all respect)
by the agency after certification thereof for the actual supply of items/materials/services.

The original invoice should also accompany the following documents/details:

For advertisement
(a) Original Bill of the newspaper/publications
(b) Original cutting of each of the published material showing the Date
(c) And/or any other document required as per work order

For Exhibition/Event Management

(a) Completion certificate signed by ONGC representative
(b) Photographs of the Exhibition/Event
(c) And/or any other document required as per work order

For Creative jobs and other deliverables

(a) Completion certificate signed by ONGC representative
(b) Any other document specifically stated in work-order to be submitted upon completion.
12.4 Payment shall be made for the actual supply of services by the agency on certification of the bills
by Chief, Corporate Communications, or his/her authorized representative as per terms of rate
contract for the supplied services.

12.5 In all cases, except the cases involving payment through ‘Letter of Credit’ or payment in foreign
currency, ONGC shall make payments only through Electronic Payment mechanism (viz.
NEFT/RTGS /ECS). Bidders should invariably provide the following particulars along with their
offers:
i) Name & Complete Address of the Supplier / Contractor as per Bank records.
ii) Name & Complete Address of the Bank with Branch details.
iii) Type of Bank account (Current / Savings/Cash Credit).
iv) Bank Account Number (indicate ‘Core Bank Account Number’, if any).
v) IFSC / NEFT Code (11 digit code) / MICR code, as applicable, along with a cancelled cheque
leaf.
vi) Permanent Account Number (PAN) under Income Tax Act;
vii) GST No along with Registration Certificate
viii) e-mail address of the vendor / authorized official (for receiving the updates on status of
payments).”
ix) Confirmation as to whether the bidder belong to the category of Micro, Small and Medium
Enterprises as defined in the “Micro, Small and Medium Enterprises Development Act, 2006
(MSMEDA)”. If yes, specify the category of Micro, Small or Medium Enterprises and whether
the enterprise is in manufacturing or service industry, along with valid documentary evidence.

For receiving payment through NEFT / RTGS, the bank/branch in which the bidder is having
account and intends to have the payment should be either an NEFT enabled bank or SBI branch
with core banking facility.

13.0 LIQUIDATED DAMAGES (LD)

13.1 Date of advertisements in the Publications/Editions specified by ONGC, is the essence of the
Contract.

13.2 Subject to provisions of para 15.5 below, if the advertising agency fails to get the artwork published
in the Publications/Editions on the date specified by ONGC, provided it has been approved by
ONGC by 17:00 hours on the previous day, ONGC shall levy a Liquidated Damages (as pre-
determined and agreed estimate of the loss and not by way of penalty) equivalent to five per cent
of the proportionate value of the Release order / Work Order corresponding to the
Publications/Editions in which the advertisement has not been published, for each day of delay, up
to a ceiling of ten per cent.

13.3 In case of a lump sum price having been indicated in the Release Order /Work Order for All Editions
of a particular publication, and the advertisement has been delayed in some of the Editions, the LD
will be applicable on the individual standalone value of those Editions as indicated in the Rate Card
of the publication. Rate Card is the published Rate/Price List (Advertisement tariff) of all editions of
a particular publication.

13.4 In case the Contractor fails to publish the advertisement on occasions of national importance like
Republic Day or ONGC Foundation Day, ONGC shall be entitled to levy LD of ten per cent of
 proportionate value of the Work order corresponding to the Publications /Editions in which the
advertisement has not been published.

13.5 In any case, the publication of the advertisement after the date specified by ONGC shall require
prior written approval of ONGC. No payment would be made if the publication, after the due date,
is not approved by ONGC.

13.6 For other creatives/events/exhibitions/services, standard LD clause shall be applicable.

14.0 Submission of performance security deposit (PBG/DD):

Performance Security Deposit would be obtained from the selected empanelled advertising
agencies. The empanelled agencies shall furnish to the CORPORATION within 15 days from the
date of issue of Contract/ Purchase Order/ NOA, security deposit in the form of a
NEFT/RTGS/Electronic fund transfer to designated account of ONGC or in lieu thereof an
irrevocable Electronic Bank Guarantee (e-BG) or SFMS Bank Guarantee (SFMS BG) for the period
specified in the bid document/ Notification of Award/ LOI, towards performance under this
CONTRACT. Security Deposit submitted in the form of e-BG or SFMS-BG should be valid for a
period of 38 months with claim period of 01 year from the date of expiry. The amount of Security
Deposit would be worked out as 3 per cent of the envisaged expenditure over three years through
agencies by the Corporate office/cluster, divided by the number of agencies to be empanelled. The
envisaged expenditure for 03 years considering both the RC and non-RC items is Rs.98.38 Crore.
Please note:
14.1 All costs incurred by the agency in respect of submission of offer and presentation shall be borne
by the agency concerned. The committee may visit the advertising agency’s premises to ascertain
the infrastructure claimed.
14.2 Each Advertising Agency must present its credentials w.r.t. the Empanelment Assessment Criteria.
14.3 The top ranked Advertising Agencies shall be empanelled and a standard empanelment agreement
containing the conditions of empanelment would be entered into.
14.4 Any job including jobs awarded based on rate contract shall be assigned to empanelled agencies
by Corporate Communications Department, ONGC or any indenting section of ONGC.
14.5 Any type of Purchase Preference Policies as per the guidelines issued from time to time shall not
be applicable against the subject requirement.
14.6 In case of any contradiction between the Special Conditions of Contract (Annexure III) and General
Contract Conditions (Annexure VI), the Special Conditions of Contract shall prevail.
14.7 ONGC reserves the right to accept or reject any application, without assigning any reasons thereof.