INVITATION TO TENDER
A BINDING FORMAL OFFER
FOR
TELEVISION, RADIO, MOBILE, INTERNET
(Outside the Territory of Sri Lanka )
AND SPONSORSHIP RIGHTS
WEST INDIES ODI SERIES IN SRI LANKA JAN. / FEB.2011
3 ODI DAY MATCHES
SRI LANKA CRICKET
27th January 2011
Dear Sir / Madam,
INVITATION TO TENDER A BINDING FORMAL OFFER FOR TELEVISION, RADIO, MOBILE, INTERNET( OUTSIDE THE TERRITORY OF SRI LANKA) AND SPONSORSHIP RIGHTS
WEST INDIES ONE DAY INTERNATIONALS SERIES IN SRI LANKA – JANUARY / FEBRUARY 2011
Sri Lanka Cricket (SLC) invites offers from international media institutions for securing Rights (Outside the Territory of Sri Lanka ) for “Television, Radio, Mobile, Internet and Sponsorship Rights” of Sri Lanka Cricket for the West Indies ODI Series in Sri Lanka consisting of 3 ODI Matches to be played in Colombo, Sri Lanka during January / February 2011.
Your binding formal offer should comply with the “Terms and Conditions of the Offer” stated in Appendix II of this document and, the Appendix Nos. IV, V, VI and VII should be perfected according to the terms and conditions of the offer.
If your company intends to submit the offer in association with any other organization or institution for the purpose of production, marketing or advertising, please submit to us details of such organization or institution.
The perfected offer should be forwarded by you in duplicate in separate Sealed Covers by marking “Original Copy” and “Duplicate Copy” as appropriate on the top left hand corner of each cover. The top centre of the cover should be marked “Offer for Television, Radio, Mobile, Internet and Sponsorship Rights”.
Your offer should reach the under mentioned address on or before 4.00 p.m. on Friday 28th January 2011 to the following address.
Additional Chief Executive Officer
Sri Lanka Cricket
35, Maitland Place,
Colombo 7
Please inform us of your intent to offer for the said rights by completing the Letter of Intent given in Appendix I.
Yours faithfully,
Sgd.
Ajith Jayasekera
Actg. Chief Executive Officer
Sri Lanka Cricket
TABLE OF APPENDICES
APPENDIX I / LETTER OF INTENTAPPENDIX II / TERMS AND CONDITIONS OF OFFER
APPENDIX III / BID EVALUATION
APPENDIX IV / DRAFT LETTER TO SRI LANKA CRICKET
APPENDIX V / INFORMATION CONCERNING THE OFFEROR
APPENDIX VI / TECHNICAL EVALUATION DATA
APPENDIX VII / OFFER SCHEDULE FOR TELEVISION, RADIO, MOBILE, INTERNET AND SPONSORSHIP RIGHTS
APPENDIX VIII / REQUIREMENTS
APPENDIX IX / BENEFITS AVAILABLE FOR OFFERORS
APPENDIX X / FORMAT OF BANK GUARANTEE
APPENDIX XI / MATCH SCHEDULE
Appendix I
(To be typed on Company Letterhead)
(To be submitted by fax +94112697405)
LETTER OF INTENT
Mr. Ajith Jayasekera
Actg. Chief Executive Officer
Sri Lanka Cricket
35, Maitland Place,
Colombo 7.
Dear Sir,
OFFER FOR TELEVISION, RADIO, MOBILE, INTERNET AND SPONSORSHIP RIGHTS
We confirm our intent to bid for Rights (Outside the Territory of Sri Lanka ) of Sri Lanka Cricket for the West Indies ODI Series consisting of 3 ODI Matches, to be played in Colombo, Sri Lanka between the national teams of Sri Lanka and West Indies during January / February 2011.
Authorized Signature:
Name and Designation of Signatory:
Name of Company:
Address:
Date:
Appendix II
TERMS AND CONDITIONS OF OFFER
FOR TELEVISION, RADIO, MOBILE, INTERNET AND SPONSORSHIP RIGHTS ETC
WEST INDIES ONE DAY INTERNATIONAL SERIES IN SRI LANKA
IN JANUARY / FEBRUARY 2011
1. DEFINITIONS
Television and Radio rights shall mean the exclusive right to broadcast and transmit within the territory by way of any and all forms of television and / or radio means, the coverage and distribution of matches / tournaments played in Sri Lanka. Without limiting the generality thereof the said rights shall include but not be limited to broadcast and transmission of images and information via all forms of commercial television whether live or recorded, terrestrial, cable and satellite, pay per view, home video, CD-1, CD ROM, film and the use of programs to create news and highlights. Film rights shall mean the exclusive right to exploit visual images of the matches by means of cinematograph film throughout the territory by any means of transmission and / or exhibition and / or reproduction now existing within the territory in any form of technology now available or may become available in the future.
Internet (broadband) Rights shall consist of the exclusive right to develop and operate an internet web site, incorporate contents of the matches and distribute such sites to users in the internet. Internet rights also include, live video/ audio broadcasting on internet services, archived video broadcast, highlights etc.
Mobile (wireless) Rights shall include the exclusive right to live audio broadcast, video clippings, highlights and live streaming of video on mobile phone devices.
Sponsorship rights shall include the exclusive Title Sponsorship, minimum 42 “A-Boards” (ground runners), boundary line tape (BLT) and advertising signage from ground level at the venues owned by SLC except spaces reserved for SLC’s Sponsors / Partners.
.
Title Sponsorship Right shall mean the exclusive Title Sponsor package and the Title Sponsor will be entitled to place logos on the two (02) sight screens, all ground mats, six (06) stumps, eight (08) “A-Boards” (20’ x 3’ ground runners) with first choice of position, naming rights of the event, naming rights on tickets, steward clothing, naming rights on official brochure if published and the drinks trolley and the backdrop in the presentation ceremony area / podium. Such rights shall no way conflict with the Team Sponsorship rights and guidelines laid down by ICC.
The selected Title Sponsor should not be an institution operating in Sri Lanka whose product / service category is in competition with the Product / service category of the existing Sri Lanka Team Sponsor.
Title Sponsor will meet the costs of match awards and trophies and will provide a cash award for each “Man of the Match” and a cash award for the “Man of the Series”, amounts to be agreed.
Matches shall mean Three ODI Matches between the National Teams of Sri Lanka and West Indies.
Territory shall mean the world excluding Sri Lanka in the case of Terrestrial Broadcasting Rights.
Terrestrial Broadcasting Rights shall mean the Broadcasting of Video and/or Audio within the territory of Sri Lanka in respect of Television, Radio and Mobile rights. The Terrestrial TV broadcaster would be permitted access during play with the approval of the International Broadcaster at the grounds to film non-play activities.
Tournament shall mean Three ODI Matches of one day duration between National Teams of Sri Lanka and West Indies.
Benefits available for the Television, Radio, Mobile, Internet and Sponsorship Rights offered are listed under the Appendix IX.
2. RIGHTS RETAINED BY SRI LANKA CRICKET (SLC)
a) All remaining ‘A’- Boards (Ground Runners) will belong to SLC for its own sponsors/ partners. Sri Lanka Team Sponsor will have the right to display six (06) “A” – Boards (Ground Runners ) , 2 on either side of the wickets in front of the Sight Screen and 1 each at Mid Wicket position, subject to the Team Sponsor having four (04) “A” – Boards in front of the Sight Screen at each end of the pitch.
b) Players’ individual sponsor rights.
c) Offer of special awards and conduct of promotional events not conflicting with title sponsor.
d) Signage above 15 feet from ground level at the match venues.
e) Clothing and headwear of the players.
f) Branding / advertising rights on the LED giant video screen at match venues.
g) Branding / advertising rights on the Scoreboards at match venues.
3. REQUIREMENTS
The offeror shall agree to comply with the requirements listed under Appendix VIII
4. PARTIES TO THE OFFER
The offer documents should be prepared and forwarded in the name of the party who will ultimately enter into the formal agreement with SLC for Television, Radio, Mobile, Internet and Sponsorship Rights.
5. CLOSING DATE
All offers will close at 4.00 p.m. on Friday 28th January 2011.
6. DOCUMENTS REQUIRED
The offeror is required to submit the following documents:
a) A copy of the certificate of incorporation certified by a Notary.
b) A copy of the company’s Articles of Association certified by a Notary/ Company Secretary.
c) Annual reports including the audited financial statements for three years immediately preceding the date of the offer.
d) In the case of consortia, each member of the consortium must furnish a letter of intent to form a consortium or constitute him or herself into a separate entity. In addition, the information requested above must be provided for each member along with Appendix V.
7. TERMS OF PAYMENT
All bids should be for a minimum guaranteed price. The minimum guaranteed price should be net of taxes and bank charges to SLC.
The minimum guaranteed price in respect of the bid shall be payable to SLC in the following manner,
a) 50% of the price shall be paid on signing the agreement,
b) 50% of the price shall be paid at the commencement of the tour,
The tour shall be deemed to commence on the first day of play of the first match of such tour and end on the last day of the last match.
The consideration for the sale of Television, Radio, Mobile, Internet and Sponsorship Rights should be given, by completing Appendix VII.
8. PRODUCTION QUALITY AND PRODUCTION COSTS
The production quality shall conform to internationally recognized standards in keeping with ICC regulations. The offeror shall give details of the cameras and graphics intended to be used/ provided. All production and satellite costs in relation to the respective rights will be borne by the offeror.
Clean Stadia
All items and objects at the venues around the perimeter wall shall be free from commercial or promotional messages, advertising, displays of facilities of any kind except for the ground runners and others retained by SLC under Clause No. 2. A clean stadium is for the period of forty-eight (48) hours before and after the conclusion of the Matches so that the Title Sponsor may exercise its rights without any hindrance.
Each offeror must make its own assessment as to the facilities available at each venue. Any prospective offeror who wishes to visit the venues will be facilitated to the extent possible by SLC.
9. BANK GUARANTEE
In the event that the offer is accepted, an Irrevocable Unconditional on demand Bank Guarantee covering all payments due to SLC for the tour should be provided, on signing the agreement by the offeror in favour of SLC, according to the agreed payment terms for Television, Radio, Mobile, Internet and Sponsorship Rights. Such Irrevocable Unconditional on demand Bank Guarantee should be obtained from a reputed international bank of standing to SLC and which has a correspondent bank situated within Sri Lanka. The format of the bank guarantee which should be provided is given in Appendix X.
10. PERFORMANCE BOND
In the event that the offer is accepted a Performance Bond should be provided in favour of SLC according to the Terms and Conditions of the Agreement to be entered into with SLC.
11. AGREEMENT
SLC shall provide the form of agreement to be entered into.
12. COMMUNICATION AND CLARIFICATION
All communication and clarifications regarding the offer should be in writing under the title “Offer for Television, Radio, Mobile, Internet and Sponsorship Rights” to the following address.
Actg. Chief Executive Officer
Sri Lanka Cricket
35, Maitland Place,
Colombo 7
Telephone: +94 11 2681601 - 4
All clarifications will be responded as soon as possible.
13. DECISION
SLC reserves the unfettered right and absolute discretion at any time to:
a) Waive off such terms as SLC thinks fit for non-compliance or late compliance by any offeror or prospective offeror, pertaining to any provisions of this invitation.
b) Negotiate all or any of the term with all or any offeror/s in order to arrive at a conclusive decision.
The final venues and dates will be subsequently announced. These venues and dates will be subject to change at the discretion of SLC.
SLC shall have the sole discretion when selecting and awarding the above rights on an exclusive and / or shared rights basis.
14. BID REJECTION
Any bid submitted by an entity, which fails to satisfy the eligibility requirements set out in this invitation, may be accepted or rejected by SLC in its absolute discretion. SLC shall not pre-judge or advise a offeror whether he is qualified or not. The offeror must submit its bid in accordance with the process specified in this invitation and enable SLC to then evaluate the bid. In particular, a offeror must be able to demonstrate to SLC that it has substantial broadcast reach in the Territory.
Potential offerors should also be aware that any bid submitted by any entity which is currently in default of, any contractual obligation or undertaking owed to the SLC or in any dispute with SLC (including, without limitation, any payment obligation) or which is otherwise affiliated with (including by way of being a subsidiary undertaking or a parent company or part of a group of companies under common ownership and/or control) any entity which is currently in default of, any contractual obligation or undertaking owed to the SLC or in any dispute with SLC (including, without limitation, any payment obligation) may be rejected by SLC in its absolute discretion notwithstanding that such entity otherwise fulfils the eligibility criteria set out in this invitation.
15. NO CONDITIONALITY
Offerors may not make any bids subject to any form of conditionality or limitation including, without limitation, the identity of, or particular arrangements being put in place with any other third party, the location of any proposed Match venue, scheduling of Matches, or other specific requirements relating to the Rights Agreement
16. SELECTION OF WINNING BID
Each Offer will, unless SLC decides in its absolute discretion not to proceed with the bidding process or to re-invite bids for any of the rights contained in this invitation, be awarded to the offeror with respect to the Territory (or any part thereof) which, following evaluation by representatives of SLC is, in SLC's view, the most suitable and advantageous to SLC. For the avoidance of doubt, SLC is not obliged to accept the highest monetary offer made in respect of the rights on offer for this Tender.