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Commercial Publicity Contract

Commercial Circular No. 29 of 2014 · 2014-07-01
Circularadvertising

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Circular numberCommercial Circular No. 29 of 2014
File numberNo. 2012/TGIV/11/40
Date2014-07-01
TypeCommercial Circular
Topicadvertising
Official PDFindianrailways.gov.in

Summary

Commercial Publicity Contract (iii) The period of contract for all commercial publicity contracts shall be upto

Text of the circular

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. 2012/TGIV/11/40 New Delhi, Dt: 01/07/2014

The General Managers,
All Zonal Railways.

COMMERCIAL CIRCULAR No.29/2014
Sub: Commercial Publicity Contract.

Ref.: (i) Board's letter No 2005/TGIV/39/8/EO] dated 31/01/2012,
Commercial Circular No. 8/2042.
(ii) Board’s letter No. 2012/TGIV/4 1/40 dated 9/11/2012,
Commercial Circular No. 70/2012,
(iii) Board’s letter No. 2012/TGIV/11/40 dated 22/04/2013,
Commercial Circular No. 31/2013.

The existing provisions regarding bulk advertising rights under the above
mentioned circulars inter-alia provide that the reserve price for the first year
should be 1.5 times the highest annual commercial publicity earnings of the
entire division/cluster of stations/station/zones of a Station during any of the
preceding three financial years, uniform enhancement of 10% in the license fee
every year over the previous year (C.C.No.31/2013) and downward revision of
reserve price in case of three consecutive failures to finalise tenders due to
various reasons (C.C.No.8/2012). ः ः

2.0 Zonal Railways have reported that the practice of determining reserve
price on the basis of the aforementioned circulars to finalise tenders for awarding
advertising contracts has not been fruitful and is not in consonance with the
market dynamics.

3.0 Accordingly, in supersession of para 4 of CC No. 31/2013 relating to
reserve price and CC No.- 8/2012 regarding revision of reserve price, the
following has been decided. .

ह) Henceforth, the existing provision regarding fixing Reserve Price for
all commercial publicity contracts is dispensed with. To overcome
repeated failure of finalization of tenders on account of no bids or bids not
matching the reserve price, the concept of notifying the estimated
value/assessed earnings potential of a location in the open tenders (as
being done in normal works contracts) shall be adopted. The assessment of
earnings potential shall be detéiiined and indi¢ated in the bid document on
the basis of Last Accepted Rates (LAR) inclusive of escalation if any inbuilt in
the previous contract, the prevailing market conditions, any specific conditions
influencing: the earning potential prevailing at the location etc.

(ii) Tender Committee shall assess the reasonableness of the rates quoted
by the highest bidder vis-a-vis LAR, market condition, any specific conditions
influencing the earning potential prevailing at the location etc.

(iii) The period of contract for all commercial publicity contracts shall be upto
three years except in cases of contracts which involve installation of capital
intensive infrastructure like video walls, electronic billboards, sculptures etc.
where the period of contract can exceed three years and can upto a maximum
period of ten years. The period of contract shall be finalized before initiating
the tender process in consultation with associate finance.

(iv) For contracts of currency upto three years, there will be no escalation in
the license fee. In case of contracts where duration of contract period is more
than three years, an annual escalation of license fee at the rate of 10% per
annum on the license fee of the immediate preceding year shall be applicable
from the fourth year onwards.

(v) Notification for fresh tenders shall-be done well in advance (say 4
months) before the expiry of the existing contract. Only in cases where new
contract is not finalized due to unavoidable circumstances, the existing
contract shall be considered for extension for a period of six months ata
time and maximum upto one year subject to the willingness of the party.
The extension shall be granted with the approval of DRM/ADRM at Divisional
level and GM /CCM at the Zonal level as the case may be (in accordance with
the SOP mentioned in Commercial Circular No.74/2007), after prior
concurrence of associate finance. In such cases, the license fee applicable for
the extended period shall be escalated by 10% on the license fe

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