Core 4, Scope Complex, 7 Lodi Road, New Delhi Tender No. REC/TAXATION/CONSULTANTS/01/

Transcription

1 Rural Electrification Corporation Limited (REC) Core 4, Scope Complex, 7 Lodi Road, New Delhi Tender No. REC/TAXATION/CONSULTANTS/01/ Notice Inviting Tender (ONLY THROUGH E-TENDERING MODE) For Engagement of Tax Consultants for Direct Tax matters at REC, Corporate Office, Core- 4, Scope Complex, Lodi Road, New Delhi (i) Date of Release of Tender : (ii) Last Date for Submission of Bids Time : Up to 1500 hours : (iii) Date of Opening of Technical Bid Time: 1530 hours : Rural Electrification Corporation Limited (REC) Core 4, Scope Complex, 7 Lodi Road, New Delhi

2 Important Notice 1. An incomplete and/or ambiguous and/or conditional and/or late bid is liable to be ignored/ summarily rejected. 2. The bidder must attest with seal the original tender document as an acceptance of the TENDER terms and conditions and submit the same along with the tender response. In case of non-compliance the bid is liable to be ignored/ summarily rejected. 3. The submission and opening of bids will be through e-tendering process. Tender document is to be downloaded directly from the website or from e-tender link given in REC Website, viz, or from Govt e- procurement portal Note: a) To participate in the E-Bid submission, it is mandatory for the bidders to register with 'TenderWizard' and to have valid user ID & Password. For this purpose, the bidder has to register itself with REC through TenderWizard website given above. Please also note that the bidder has to obtain digital signature token for applying in the tender. In this connection, bidder may also obtain the same from Tenderwizard. The steps to be followed for the registration process are given below: 1. Go to website 2. Click the link ' Register Me' 3. Entre the detail about the bidder as per format. 4. Click 'Create Profile' 5. Bidder will get confirmation with Login-id and Password b) Steps for application for Digital Signature from Tender Wizard are given below: 1. Download the Application Form from the website Follow the instructions as provided. 2. In case of assistance please contact the person under contact us or Mr. Sandeep , Mr. krishna c) To aid bidders the detailed bidder manual on submission of E-Bid is annexed to this tender document at Annexure- H NOTE: The Bidders are advised to obtain digital signature (Level 3) and register themselves at in advance. Please note that REC in no way held responsible if the bidder fails to apply due to non-possession of Digital Signature & non registration 2

3 CONTENTS S.no Section Description Page No 1. Section I Introduction 4 2. Section II Scope of work 5 3. Section III Instruction to Bidders 7 to Section IV General Terms and Conditions 14 to Section V Annexures 18 to 30 ANNEXURE A Details of Bidder 18 ANNEXURE B Bid Security Form (EMD) 19 ANNEXURE C Technical Bid - Eligibility Criteria 20 to 21 ANNEXURE D Technical Bid - Bid Form 22 to 23 ANNEXURE E Technical Bid - Work Plan and Details of Team 24 ANNEXURE F Technical Bid - Undertaking 25 to 26 ANNEXURE G Financial Bid - Price Schedule 27 ANNEXURE H Bidder Help Manual for E - Bidding 28 to 30 3

4 SECTION - I Introduction About Company Rural Electrification Corporation Limited (REC), a NAVRATNA Central Public Sector Enterprise under Ministry of Power, was incorporated on July 25, 1969 under the Companies Act REC is a listed NBFC (INFRA) institution with a net worth of Rs. 20,669 Crore as on Its main objective is to finance and promote generation, transmission and distribution segments in power sector. REC mobilizes funds from various sources including raising of funds from domestic and international agencies and sanction loans to the State Electricity boards, Power utilities, State Government and Private Power developers. The Corporate Office is located at New Delhi and there are eighteen Zonal/Project Offices located at different state capitals of the country in addition to a Training Institute, viz. Central Institute for Rural Electrification at Hyderabad. REC is also having two wholly owned subsidiaries REC Power Distribution Company Limited (RECPDCL) and REC Transmission Projects Company limited (RECTPCL). OBJECTIVE Online Bids in two parts, Part 1 : Earnest Money Deposit (EMD) and Documents named as Technical Bid" and Part 2 : "Financial Bid" valid for 90 days are invited from reputed chartered accountants firm with proven capabilities for Engagement of Tax Consultant for Direct Tax matters including advisory services on income tax matters, assessment proceedings, appeals filing, vetting of income tax returns, international taxation services, tax planning and wealth tax etc at REC, Corporate Office, Core 4, Scope Complex, Lodi Road, New Delhi Financial Bid has to be submitted online only. The Technical Bid and EMD to be submitted both online and in Hard copy. 4

5 SECTION II SCOPE OF THE WORK REC intends to engage a tax consultant for direct taxation having vast experience in handling various corporate direct taxation for a period of one year extendable to further 2 years on annual basis on the same price, terms and conditions at the sole discretion of REC. The Consultant shall provide consultancy services as per the scope of work indicated below: 2.1 Regular Tax Advisory services for domestic transactions - I. Review / vetting of Corporate Income Tax Return (original and revised if required) along with various disclosures / computational notes and all other matters that may be relevant with respect to the filing of the Corporate Income Tax Return of REC as per the Income Tax Act or any other law in force for income tax. II. Assistance to REC in connection with all assessment / reassessment proceedings initiated by appropriate authorities including drafting / filing of replies and submissions, representation before the tax authorities; drafting / filing of submissions with tax authorities regarding rectification applications including any penalty proceedings as applicable; drafting / filing the submissions for stay of any demand, review of orders; representation before appropriate authorities for TDS demands/assessment including drafting / filing of replies and submissions etc. III. Advising REC for further course of action consequent to assessment / reassessment / rectification orders / TDS demands/assessments issued by the Income Tax Authorities; filing of appeals before CIT (Appeals) including drafting of Grounds of Appeal and Statement of Facts, filing of written submissions / paper book and representation in all existing / new appeal proceedings before CIT (Appeals); representing REC in various Statutory Authorities relating to income tax cases; Advising REC for further course of action consequent to order of CIT (Appeals); As of now, Appeals pertaining to A.Y and A.Y are pending in CIT (Appeals); IV. Assisting REC in tax planning, assessing its tax positions and advising on various economically efficient options available as and when required including advance tax planning. V. Pursuing, assisting and coordinating with Income Tax Authorities for getting timely refunds due to REC. 5

6 VI. Rendering expert opinion as and when required by REC for all the taxation issues including TDS, deferred tax, wealth tax etc. Updating REC on all day to day changes in relevant taxation laws and suggesting measures for effective adaptation of changes in REC, wherever required. VII. Review/ vetting of Corporate Wealth Tax Return of REC for each financial year, including review of computation of wealth tax, valuation of taxable assets as per Wealth Tax Act, admissibility of exemptions/ deductions available to REC and all other matters related to Wealth Tax. VIII. Advising on accounting issues relating to direct tax matters including disclosure in notes to accounts and other relevant financial statements, computation of deferred tax, statement of contingent liabilities for tax issues and status of tax demands compliance with Accounting Standards etc 2.2 Regular Tax Advisory services for Foreign / International transactions - I. Advising and vetting on the calculation of withholding tax on payment of Interest / arrangement fee / agency fee / any other payment in consideration of DTAAs / Income Tax Act and residential status of beneficiary of payments. Verifying TDS amount to be deposited, Vetting TDS returns and Handling / follow up all the TDS demands with Income tax department, advising on filing of 15CA and 15CB on foreign payments II. III. Vetting ECB agreements for tax matters in relation to raising of funds and its servicing and payments of fees etc Any other matter related to international taxation in day to day working 2.3 Specialised services on Call out basis - In addition to above Scope of Work, REC at its discretion, if required may avail the special services of Tax Consultants on call out basis for representing it in ITAT/AAR for existing pending cases as well as for new case(s). The scope of work for this activity shall include the following: I. Preparation and filing of appeal/application before ITAT/AAR including Drafting of Grounds of Appeal and Statement of Facts, preparation and filing of written submissions/paper book. II. Representing REC in hearings by a senior having experience in dealing with ITAT cases as specified in Annexure E of section V There are four cases pending in ITAT pertaining to , , and filed by the REC and one case pertaining to A.Y filed by IT Dept.. 6

7 Clause Heading No. 3.1 Scope of work / Responsibiliti es of the bidder 3.2 Eligibility / prequalification Criteria SECTION - III INSTRUCTIONS TO BIDDERS Description/ Details Detailed Scope of work covered in section II Criteria Bidder should be a reputed Chartered Accountancy firm registered with ICAI with a minimum experience of 10 years Bidder should have minimum (i) 3 partners with at least 2 partners having at least 10 years' experience in the taxation field (ii) 5 qualified chartered accountants other than partners out of which 3 should have at least 5 years' experience in the taxation field. Bidder should have permanent office in NCR. Bidder should have undertaken :- (i) at least 2 similar assignments as specified in clause 2.1 of section II "Regular Tax Advisory services for domestic transactions", at least for a continuous period of one year in the last 4 years on retainership basis and (ii) at least 1 similar assignment as specified in clause 2.2 of section II "Regular Tax Advisory services for Foreign / International transactions", at least for a continuous period of one year in the last 4 years on retainership basis Similar assignment means complete tax advisory services including consultancy, assessment handling and attending CIT (Appeals) etc in: 7 Documents Required Copy of Certificate of firm registration Resume of the partners and qualified CAs giving the brief details of relevant experience with membership no. and other documentary evidence Copy of relevant documentary evidence / Firm Reg. No. Proof of execution of services / other credentials (e.g. appointment letter, certificate of indicating services provided completion etc) and Audited P&L of the client

8 (a) Maharatna / Navratna / Miniratna PSU, Scheduled Commercial Bank or (b) Financial Institution / Public Limited Company having annual revenue / turnover of more than Rs crore. 5. The bidder should have an average annual gross receipts / turnover of Rs. 1 (One) crore during last 4 ( four) completed financial years Audited financials and 3CD report to ascertain the average annual gross receipts / turnover 6. Eligibility Criteria for call out basis services The bidder should have at least 2 partners / qualified chartered accountants having minimum 10 years' experience of handling the ITAT/AAR cases including appearing/representing before the ITAT/AAR and should have handled at least 10 ITAT / AAR cases. Name along with Membership No and detail of each such cases handled containing Appeal no (Serial No. / Appeal No. : e.g. 3078/DEL-2014) and other relevant details along with copy of order / judgment 7. Bid should accompany an earnest money deposit (EMD) of Rs. 25,000/- (Rupees Twenty Five Thousand only) in the form of a demand draft/ Pay Order drawn in favor of Rural Electrification Corporation Limited on a scheduled commercial bank payable at New Delhi as specified in Annexure-B. The bidder must fulfill the above eligibility criteria/ pre-qualification conditions. Technical bid of bidders fulfilling the eligibility / pre-qualification conditions will only be further evaluated by the duly constituted technical evaluation committee. Bid(s) of bidder(s) not fulfilling the eligibility / prequalification conditions given above shall be summarily rejected. Undertaking for subsequent submission of any of the above documents will not be entertained under any circumstances. REC reserves the right to verify/confirm all 8 EMD in the form of Demand Draft/ Pay order.

9 3.3 Cost of Bidding 3.4 Preparation & Submission of Bids 3.5 Earnest Money Deposit (EMD) documentary evidence submitted by bidders in support of above mentioned clauses of eligibility criteria. Eligibility Criteria Documents shall be submitted online along with the bid and also in hard copy. Bid without these documents will be rejected outright. The bidder shall bear all costs associated with the preparation and submission of its bid, including post bid discussions, technical or other presentations and REC will in no case be responsible or liable for these costs, regardless of the conduct or the outcome of the bidding process. 1. Eligibility Criteria documents, Technical Bid and Financial Bid to be submitted through online mode on website Hard copy of Technical bid along with supporting documents duly certified and Demand Draft for EMD should be put in separate envelopes duly sealed. The contents inside the envelope, TENDER number, bidder s name & address should be clearly marked on the top of the sealed envelopes. All the envelopes thus prepared shall be put in a single sealed envelope clearly mentioning the TENDER number, bidder s name & address on the top of the sealed envelope and should reach REC Corporate Office: Core 4, Scope Complex, Lodi Road, New Delhi on or before the last date and time fixed for the bid submission. The respective envelopes should also have DO NOT OPEN BEFORE. Super scribed in the front with the date of opening. NOTE: Financial Bid has to be submitted online only. Technical Bid to be submitted both online and in Hard copy. 2. The bid should be valid for a period of 90 days from the last date of submission of bids and should be submitted online, digitally signed, on or before the last date of submission. 3. Supporting documents of Eligibility Criteria and Technical Bid should be submitted online and hardcopy of the same shall also be submitted in sealed cover. 4. Details of EMD to be submitted online along with the scanned copy of DD duly attached. The original DD against EMD to be submitted in sealed cover. 5. Financial Bid - Price Schedule as specified in Annexure G is to be submitted ONLINE ONLY Note: a) The hard copy of the bid as prescribed herein is required to be submitted on or before the last date and time for submission of bid failing which the bid is liable to be summarily rejected. b) The bidder should note that the hard copy should not have any pricing details. In case of a default/ failure, the financial bid will not be opened at the time of opening of bids and shall be summarily rejected. 1. Bid should accompany an earnest money deposit (EMD) of Rs. 25,000/- (Rupees Twenty Five Thousand only) in the form of a demand draft / Pay Order drawn in favor of "Rural Electrification Corporation Limited" on a scheduled commercial bank payable at New Delhi along with Bid Security Form as specified in Annexure- B. 9

10 3.6 The Bidding Document 3.7 Period of Services 2. Any bid without valid EMD will be rejected and will not be opened and/or technically evaluated. 3. EMD of unsuccessful bidders shall be released on finalization of tender and placement of order. 4. The EMD shall be forfeited: (a) If a bidder withdraws its bid during the bid validity period (b) If the successful bidder fails to sign the agreement 5. No interest shall be payable on EMD amount, in any case, by REC. 1. This bidding document include the following: a) Notice inviting Tender / Cover page b) Introduction Section I c) Scope of work Section II d) Instructions to bidders Section III e) General Terms and Conditions of Contract Section IV f) Annexures (Bidder's Detail Form, Bid Security Form, Eligibility Criterion/Pre-qualification Form, Bid Form, Work Plan and Details of Team, Undertaking and Bidder Help Manual) Section V 2. The bidder is expected to examine all instructions, forms, terms and conditions in the bidding document. Failure to furnish all information required and/or False/Incorrect information and/or submission of bid not substantially responsive to the bidding document in every respect will be at the Bidder s risk and may result in rejection of its bid. 3. Prior to the detailed evaluation, the REC will determine whether each bid is complete, and is substantially responsive to the Bidding Document. For the purposes of this determination, a substantially responsive bid is one that conforms to all the terms and conditions of the Bidding Document without material deviations, exceptions, objections, conditionality or reservations. A material deviation, exception, objection, conditionality, or reservation is: a) One that limits in any substantial way the scope, quality, or performance of the desired services and/or b) One that limits, in any substantial way that is inconsistent with the Bidding Document, the REC rights or the successful Bidder s obligations under the Contract; and/or c) One that the acceptance of which would unfairly affect the competitive position of other Bidders who have submitted substantially responsive bids. 4. If a bid is not substantially responsive, it will be rejected by the REC and may not subsequently be made responsive by the Bidder by correction of the nonconformity. The REC s determination of bid responsiveness will be based only on the contents of the bid submitted. 5. Each bidder shall submit only one bid. A bidder who submits more than one bid will be rejected. Alternative bids will not be accepted. One year, extendable to further 2 years on annual basis on the same price, terms and conditions at the sole discretion of REC 10

11 3.8 Technical Bid The Technical bid prepared by the bidder shall comprise of: 1. EMD as specified in clause 3.5 of Section III along with Bid Security Form as specified in Annexure B. 2. Details of Bidder as specified in Annexure A. 3. Detailed Eligibility / Pre-qualification form (Eligibility Criterion Documents) as specified in Annexure C along with all documentary evidences. 4. Bid Form as specified in Annexure D. 5. Work plan and Details of Team as per the requirements specified in Annexure E. 6. Undertaking along with attachments as specified in Annexure F. 3.9 Financial Bid Price Schedule 3.10 Submission of Bids 1. The Financial bid Price Schedule as per Annexure G has to be submitted ONLINE ONLY. 2. The quoted fee / price should be inclusive of all out-of-pocket expenses and any other incidental expenses. 3. The quoted fee should be exclusive of service-tax. 4. Prices quoted by the bidder shall be fixed during the period of the services and not subject to variation on any account. A bid submitted with a conditional price, quotation will be treated as nonresponsive and will be rejected. 5. REC may solicit the bidder s consent to an extension of the period of bid validity. The request and the response thereto shall be made in writing by fax / . A bidder granting the request will neither be required nor permitted to modify its bid, while confirming extension of bid validity. A bidder may refuse the request in writing to REC without forfeiture of its bid security (EMD), In such a case the bid shall be considered as withdrawn and REC shall return/refund the bid security (EMD) at the earliest to such bidder(s). On expiry of the bid validity period the bid shall be deemed valid till such time the bidder does not withdraw its bid formally by a written communication to REC. The bid shall be deemed to be valid for a period of seven working days on receipt of such written communication by REC. 6. All prices, related to the bid, shall be expressed in Indian Rupees only. 1. Bids must be received by REC on-line through REC E- Procurement Portal along with the supporting documents not later than the time and date specified on the cover page of bid document. 2. REC does not own any liability if the hard copy of the bid is submitted somewhere else and not reached to the addressee within due date and time. For any clarification on bid document please contact: S. Muralidharan, DGM (Fin.), Rakesh Kr. Jangid, Sr. Officer (Fin.) Rural Electrification Corporation Limited Core 4, SCOPE Complex, 7 Lodi Road, New Delhi Contact No: , The REC may, at its discretion can extend this deadline for submission of bids and thereafter be subject to the deadline as extended. 4. Any bid received by REC after the timeline for submission of bids 11

12 prescribed by the REC will be rejected. The decision of the REC in this regard shall be final and binding Bid Opening 1. REC will open the bids in the presence of bidders representatives who choose to attend on date and time mentioned on the cover page at REC Corporate Office. Not more than one representative for bidder will be allowed to attend the bid opening. 2. REC will open the EMD envelope first. In case the EMD is not found in order the bid shall be summarily rejected. 3. Technical Bid of only those bidders will be opened whose EMD is found in order. 4. The date and time for opening of Financial bid will be informed later, only to the bidders who qualifies the Technical bid Criterion for evaluation of Technical Bids 3.13 Clarification of Bids 3.14 Opening of Financial Bids 3.15 Evaluation and Comparison of Bids 1. Technical bid of only those bidders will be evaluated whose EMD and Eligibility Criteria Documents are found in order. 2. Detailed technical evaluation will be carried out based on the Technical Bid along with all documentary evidence as specified in clause 3.8 of this section. REC will determine the substantial responsiveness of each bid to the Bidding Documents. 1. During evaluation of the bids, REC may at its discretion, ask the Bidder for clarification of its bid. The bidder has to submit the clarification within 2 (two) working days. The request for clarification and the response shall be in writing and no change in price or substance of the bid shall be sought, offered or permitted. 2. No Bidder shall contact the REC on any matter relating to its bid, from the time of the bid opening to the time the contract is awarded. 3. Any effort by a Bidder to influence the REC in its decisions on bid evaluation, bid comparison or contract award decisions may result in rejection of the Bidder s bid and REC will declare the firm ineligible, for a stated period of time from participation in future RFPs/tenders of REC. 4. Unsolicited clarification to the Bid and/or change in price during its validity period would render the Bid liable for outright rejection. 1. REC will open the Financial bids of only those bidders, which have been found to be technically qualified to undertake the job. 2. The Financial Bids of the technically qualified bidders shall be opened in the presence of their representatives, who choose to be present, on a specified date and time and Venue. 3. The date and time of opening of financial bids shall be informed to the technically qualified bidder. 4. The bidder s name, price of Bids and such other details as the REC, at its discretion, may consider appropriate will be read out at the time of opening of financial bids of technically qualified bidders. 1. The comparison shall be of all-inclusive fee of services, such fee to include all costs paid or payable. 2. If there is a discrepancy between words and figures, whichever is higher of the two shall be taken as bid price for comparison. 3. The First Lowest Quote Bidder (LQ1) will be arrived in the following manner: Grand Total of Part A, Part B and Part C of Financial Bid Price Schedule (Annexure G) will be compared for arriving at the LQ1 bidder. 12

13 4. The bidder shall be deemed to have satisfied itself as to the correctness and sufficiency of the Contract Price, which shall except as otherwise provided for in the Contract, cover all its obligations under the Contract. 5. Bidders shall state their bid price for the payment schedule outlined in Clause 4.2 of section IV and as per the price schedule format given in Annexure G only. 6. Prices quoted will be firm and will not change through-out the entire tenure of the contract period, subject to stated otherwise. 7. Any item indicated in Financial Bid - Price Schedule (Annexure G of Financial Bid) shall not be left blank/zero failing which the bid will be out rightly rejected. 8. REC reserves the right to award contract for all or any part of the items indicated in Financial Bid - Price Schedule (Annexure G of Financial Bid). 13

14 Clause Heading No. 4.1 Definitions and Interpretation 4.2 Payment Schedule SECTION - IV GENERAL TERMS AND CONDITIONS Description/ Details In this Biding Document, the following terms shall be interpreted as indicated: 1. The Contract means the agreement entered into between the REC and the Bidder including all the attachments and appendices thereto and all documents incorporated by reference therein; 2. The Contract Price means the price payable to the Bidder under the Contract for the full and proper performance of its contractual obligations; 3. The Services means those services cover in the scope of work as mentioned in SECTION-II; 4. The REC means the organization engaging tax consultants, i.e., Rural Electrification Corporation Limited, located at Core 4, Scope Complex, 7 Lodi Road, New Delhi The Bidder means the firm(s) rendering the services under the Contract; 1. For both domestic and international regular tax advisory services - on monthly basis within 30 days of submission of bill and on satisfactory rendering of services for each month. 2. Specialised services on call out basis - (a) Preparation, filing of appeal, submission of paper book and written submissions 50% of the agreed fees after completion of filing activity. Balance 50% of the agreed fees after successful completion of first hearing. 4.3 Confidentialit y 4.4 Execution of assignment (b) Representation before ITAT/AAR - After successful completion of hearing (c) No fees will be paid for any infructuous hearing/ adjournment. (d) In case of common/ repetitive issues filed at the same time for different assessment years, all appeals filed will be considered as single appeal. 3. Payments shall be subject to deductions of any amount for which the Bidder is liable under the agreement against the contract. Further, all payments shall be made subjects to deduction of TDS (Tax deduction at Source) as per the income- Tax Act, 1961 including addendums from time to time and any other taxes. 4. All Payment shall be made in Indian Rupees only. 5. No Advance Payment will be made by REC on any account. Tax Consultant shall during the tenure of the Contract and at any time thereafter keep all information relating to the work in full confidence and shall not, unless so authorized in writing by REC, divulge or grant access to any information about the work or its results and shall prevent anyone becoming acquainted with either through Tax consultant or its personnel or agents. For execution of complete scope of work, the tax consultant will establish a team of qualified professionals as per the requirement 14

15 of REC. The Tax consultant is solely and exclusively responsible for all the acts of its team members. The deputed professionals shall visit REC on regular intervals for completion of all the assigned work, getting clarifications/ documents and also for rendering of advisory services as and when required by REC. The deputed professionals shall adhere to the discipline, decorum and timing of REC. If at any point of time during the period of contract, if there is substantial change in composition of firm or team assigned to REC based on eligibility criterion, the same should be brought to notice of REC so as to take appropriate action on the same. 4.5 Arbitration If any dispute (s) or differences (s) of any kind whatsoever arise between the Parties, the Parties hereto shall negotiate with a view to its amicable resolution and settlement through a committee appointed by CMD, REC and the senior management of the bidder. In the event no amicable resolution or settlement is reached between the parties within 30 days after receipt of notice by one party, then the disputes or differences as detailed above shall be referred to and settled by the Sole Arbitrator to be appointed by CMD, REC. The arbitration proceedings shall be in accordance with the prevailing Arbitration and Conciliation Act, 1996 and Laws of India as amended or enacted from time to time. The venue of the arbitration shall be New Delhi, India. The fee & other charges of Arbitrator shall be determined by the arbitrator in terms of the Act and shall be shared equally between the parties. The arbitrator will give the speaking and reasoned Award. Notwithstanding any references to Arbitration, the parties shall continue to perform their respective work/ obligation under the contract. 4.6 REC s Right to Accept any Bid and to Reject any or All Bids 4.7 Notification of award 4.8 Corrupt or Fraudulent Practices 4.9 Force Majeure Clause REC reserves the right to accept or reject any bid(s), and/ or to annul the bidding process and reject all bids at any time prior to Award of Contract, without thereby incurring any liability to the affected Bidder or Bidder s or any obligation to inform the affected Bidder(s) of the grounds for REC s action. Prior to the expiration of the period of bid validity or extended period, the REC will place a firm order or notify the successful Bidder in writing that his bid has been accepted. The notification of Award will constitute the formation of the Contract 1. The Bidder shall observe the highest standard of ethics during the rendering of services and execution of the contract. 2. REC will reject a proposal for award if it determines that the Bidder recommended for award is engaged in corrupt or fraudulent practices in competing for the contract in question. 3. REC will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it at any time determines that the firm was engaged in corrupt or fraudulent practices in competing for this bid, or in executing the contract. For the purposes of this Contract, Force Majeure means an event which is beyond the reasonable control of a Party and which makes a Party s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances. Without limiting the generality of the forgoing, Force Majeure occurrences shall include: acts of nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster) 15

16 4.10 Termination Clause 4.11 Compliance of Various Labour & Industrial Laws 4.12 Any Other Insurance Required Under Law Or Regulations Or By war, invasion, acts of foreign combatants, terrorist acts military etc. Party asserting force majeure shall have the burden of proving proximate cause, that reasonable steps were taken to minimize the delay and damages caused by events when known. 1. The REC may at any time terminate the Contract for any reason by giving the bidder one month notice of termination at REC's Convenience. 2. The REC, without prejudice to any other rights or remedies it may possess, may terminate the Contract forthwith in the following circumstances by giving a notice of termination and its reasons thereof to the bidder : If the Bidder: a) Assigns or transfers the Contract or any right or interest therein in violation of the terms of the contract (Assignment) hereof. b) Has abandoned or repudiated the Contract c) Has without valid reason failed to commence work / rendering of services promptly or has suspended the progress of Contract performance for more than 4 (four) weeks after receiving a written instruction from the REC to proceed and Persistently fails to execute the Contract without just cause d) Refuses or is unable to provide sufficient services to execute and complete the work in the manner specified in the contract. 3. In the event of the termination of the Contract hereof, the REC shall pay to the bidder the Price, the properly attributable to the parts of the services / facilities executed by the bidder as of the date of termination. However, no consequential damages shall be payable by the REC to the bidder in the event of termination. 4. Any sums due to the REC Bidder accruing prior to the date of termination shall be deducted from the amount to be paid to the Bidder under this Contract. 5. In calculating any money due from the REC to the Bidder, account shall be taken of any sum previously paid by the REC to the Bidder under the Contract, including any advance payment paid pursuant to Terms of Payment hereof. 1. The Bidder shall be responsible for required contributions towards P.F, Pension, ESI or any other statutory payments to be made in respect of the contract and the personnel employed for rendering service to REC and shall deposit these amounts on or before the prescribed dates. The Bidder shall be solely responsible for discharging all the obligations as provided in the various statutory enactments. The Bidder shall also be responsible to pay and administrative/inspection charges thereof, wherever applicable, in respect of the personnel employed by him for the works of REC. 2. The Bidder shall be directly responsible and indemnify REC against all charges, dues, claims etc. arising out of the disputes relating to the dues and employment of personnel deployed by him. Bidder shall carry and maintain any and all other insurance(s) which he may be required under any law or regulation from time to time without any extra cost to REC. He shall also carry and maintain any other insurance which may be required by the REC. 16

17 Employer 4.13 Miscellaneou s 4.14 Governing Law 1. It will be imperative on each bidder to fully acquaint itself of all the local conditions and factors which would have effect on the performance of the work / rendering of services and its cost. 2. The bidder will abide by all the law of land, whatsoever, for execution of the defined scope of work. 3. The Bids prepared by the Bidder and all correspondence and documents relating to the bids exchanged by the Bidder and REC, shall be written in the English language. 4. The selected Bidder shall perform the services and carry out its obligations under the Contract with due diligence and efficiency, in accordance with generally accepted techniques and practices used in the industry and with professional ethics. The Bidder shall always act, in respect of any matter relating to this Contract, as faithful advisors to REC and shall, at all times, support and safeguard REC s legitimate interests in any dealings with Third parties. 5. Non-Disclosure Clause: The selected bidder shall not, without REC s prior written consent, disclose the Contract, or any provision thereof, or any information, knowledge, specification, work plan, information furnished by or on behalf of REC or get access to in connection therewith, to any person other than a person employed by the Bidder in the Performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance. 6. Printed terms and conditions and/or assumptions and/or presumptions etc of the Bidders will not be considered as forming part of their Bid. 7. Bidder will have to arrange on his own the boarding/lodging for the qualified professionals deputed for the assignment. The bidder shall comply with all laws in force in India. The bidder shall indemnify the REC to the extent the liability, damage, claims; fines, penalties, and expenses that were caused or contributed by the actions of the successful bidder. 8. The bidder shall obtain all statutory, legal, external (other than RECL) permissions which may be necessary for completion of the total scope of the work. RECL however will assist or sign document which may be necessary for execution of the same. 9. Bidder will have to arrange on his own the travelling, boarding/lodging and any other incidental expenses for the deputed professionals for the assignment. The Contract shall be governed by and interpreted in accordance with laws in force in India. The Courts of Delhi shall have exclusive jurisdiction in all matters arising under the Contract. 17

18 SECTION V ANNEXURES ANNEXURE A Technical Bid Details of Bidder (BOTH ONLINE and HARDCOPY) (On the letter head of the firm submitting the response document) Note : Details filled in this form must be accompanied by sufficient documentary evidence, in order to verify the authenticity and correctness of the information. S.No. Description 1 Name of the Firm Details (To be filled in by the bidder ) 2 Official Address 3 Phone No. and Fax No. 4 address 5 Web Site Address 6 Authorised Representative Name 7 Authorised Representative's Address 8 Authorised Representative's Mobile Number 9 Authorised Representative's E- Mail 10 Brief description of the Firm including the details of partner, major clients handled, specialization, accomplishments and other relevant information about the Firm 18

19 ANNEXURE B Technical Bid BID SECURITY FORM (EMD) (BOTH ONLINE and HARDCOPY) To, The DGM(F&A), Rural Electrification Corporation Limited, Core 4, Scope Complex, 7 Lodi Road, New Delhi Ref: Bid Document No.REC/TAXATION/CONSULTANTS/01/ Sir, Having examined the bidding documents, we, the undersigned, offer to render the services as tax consultants on retainership basis for direct taxes at REC, Corporate Office, Core- 4, Scope Complex, Lodi Road, New Delhi as per the scope of work mentioned in the tender and in conformity with the bidding documents. We hereby submit a bid security / earnest money deposit of Rs 25,000/- (Rupees Twenty Five Thousand Only) as per the tender terms and conditions vide Demand Draft No. dated drawn on favoring Rural Electrification Corporation Limited on a scheduled commercial bank payable at New Delhi. Dated this day of Signature of Bidder Details of enclosures. Full Address: Telephone Fax No. 19

20 ANNEXURE C Technical Bid ELIGIBILITY CRITERIA / PRE-QUALIFICATION FORM (BOTH ONLINE and HARDCOPY) (On the letter head of the firm submitting the response document) Details filled in this form must be accompanied by sufficient documentary evidence, in order to verify the authenticity and correctness of the information. S.No Eligibility Criteria/ Pre-qualification conditions 1. Bidder should be a reputed Chartered Accountancy firm registered with ICAI with a minimum experience of 10 years (Copy of Certificate of firm registration) 2. Bidder should have minimum (i) 3 partners with at least 2 partners having at least 10 years' experience in the taxation field (ii) 5 qualified chartered accountants other than partners out of which 3 should have at least 5 years' experience in the taxation field. (Resume of the partners and qualified CAs giving the brief details of relevant experience with membership no. and other documentary evidence) 3. Bidder should have permanent office in NCR. (Copy of relevant documentary evidence / Firm Reg. No.) 4. Bidder should have undertaken :- (i) at least 2 similar assignments as specified in clause 2.1 of section II "Regular Tax Advisory services for domestic transactions", at least for a continuous period of one year in the last 4 years on retainership basis and (ii) at least 1 similar assignment as specified in clause 2.2 of section II "Regular Tax Advisory services for Foreign / International transactions", at least for a continuous period of one year in the last 4 years on retainership basis Similar assignment means complete tax advisory services including consultancy, assessment handling and attending CIT (Appeals) etc in: Eligible (Yes/No) 20 Documentary Proof Attached Page No

21 (a) Maharatna / Navratna / Miniratna PSU, Scheduled Commercial Bank or (b) Financial Institution / Public Limited Company having annual revenue / turnover of more than Rs crore. (Proof of execution of services / other credentials (e.g. appointment letter, certificate of completion indicating services provided etc) and Audited P&L of the client) 6. The bidder should have an average annual gross receipts / turnover of Rs. 1 (One) crore during last 4 ( four) completed financial years (Audited financials and 3CD report to ascertain the average annual gross receipts / turnover) 7. Eligibility Criteria for call out basis The bidder should have at least 2 partners / qualified chartered accountants having minimum 10 years' experience of handling the ITAT/AAR cases including appearing/representing before the ITAT/AAR and should have handled at least 10 ITAT / AAR cases. (Name and Membership No along with detail of each such cases handled containing Appeal no (Serial No. / Appeal No. : e.g. 3078/DEL-2014) and other relevant details along with copy of order / judgment) 8. Bid should accompany an earnest money deposit (EMD) of Rs. 25,000/- (Rupees Twenty Five Thousand only) in the form of a demand draft/ Pay Order drawn in favor of Rural Electrification Corporation Limited on a scheduled commercial bank payable at New Delhi as specified in Annexure-B. (EMD in the form of Demand Draft/ Pay order) Note :REC reserves the right to verify/confirm all original documentary evidence submitted by bidders in support of above mentioned clauses of eligibility criteria. 21

22 Technical Bid ANNEXURE D BID FORM (BOTH ONLINE and HARDCOPY) (To be submitted on the firm s letter head and signed by an authorized partner) To The DGM(F&A) Rural Electrification Corporation Ltd. Core-4, SCOPE Complex, 7 Lodi Road New Delhi Subject: Engagement of Tax Consultant for Direct Tax matters Ref: Bid document No. REC/TAXATION/CONSULTANTS/01/ Dated: Sir, Having examined the bidding documents, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to render the services as tax consultants on retainership basis for direct taxes at REC, Corporate Office, Core- 4, Scope Complex, Lodi Road, New Delhi , as per the scope of work mentioned in the tender and in conformity with the bidding documents. We undertake, if our bid is accepted, to render the services in accordance with the terms and conditions of the tender specified in the bidding document. We agree to abide by this bid for a period of ninety days after the date fixed for opening and it shall remain binding upon us and may be accepted at any time before the expiration of that period. I/We undertake that on completion of the validity period, unless the I/We withdraw my/our bid in writing by giving a notice of seven working days, it will be deemed to be valid until such time that I/we formally withdraw my/our bid. 1. We declare: i) that we have a team of qualified chartered accountants as specified in the bidding document and have infrastructural facilities including manpower that are specialized in the area of direct taxes. ii) that our firm have relevant experience and expertise in direct taxes specified in the bidding document. 1. We hereby offer to render the services as tax consultant for direct taxes at the prices and fee mentioned in the Financial Bid Annexure G. 2. We enclose herewith the complete Technical Bid as required by you and as specified in Section III. 22

23 3. Certified that the bidder is: A partnership firm, and the person signing the bid document is a partner of the firm and he has authority to refer to arbitration disputes concerning the business of the partnership by virtue of the partnership agreement/by virtue of general power of attorney, 4. We do hereby undertake, that, until a formal appointment letter is prepared and executed, this bid, together with your written acceptance thereof and placement of letter of intent awarding the tax consultancy work, shall constitute a binding contract between us. Dated this day of 2015 Signature of Bidder Details of enclosures. (With Full Address and Firm Stamp) 23

24 Technical Bid Annexure-E WORK PLAN AND DETAILS OF TEAM (BOTH ONLINE and HARDCOPY) The bidder is required to furnish a work plan for effective execution of the assignment after clear understanding of the scope of work. The Bidder shall provide the details of the team of qualified professionals committed for handling REC assignment both for domestic and international taxation services. The team members should have the following required experience: S.No. Level of assignment Relevant Experience of the team member 1 Representing before ITAT 10 years or more 2 Representing before CIT (Appeals) 10 years or more 3 Providing opinion on income tax matters 4 Attending hearing for Regular assessments and all regular activities covered under scope of work 10 years or more 4 years or more Out of the assignment level mentioned at Sl No. 1, 2 and 3 above, at least one senior member meeting the above relevant experience should be assigned for REC assignment on work requirement basis. For the remaining level of assignment mentioned at Sl. No. 4, at least two team members (one separately for international taxation) meeting the above relevant experience should be assigned for REC assignment on work requirement basis. The bidder may also specify the frequency and duration of deployment of the team for rendering of services at REC Corporate office New Delhi. The details of team members proposed for REC assignment is to be provided as below: S.No. Name of team Level in the firm Post qualification and member other relevant experience Resume of the proposed team members along with documentary evidence fulfilling the relevant experience is also required to be attached. 24

25 ANNEXURE - F Technical Bid UNDERTAKING ON COMPLIANCE OF SCOPE OF WORK AND TENDER TERMS & CONDITIONS OF BIDDING DOCUMENT (BOTH ONLINE and HARDCOPY) I/We hereby undertake that I/we have examined/ perused, studied and understood the tender no. REC/TAXATION/CONSULTANTS/01/ dated 04/02/2015 and any corrigendum/ addendum/ clarification etc. completely and have submitted my/our bid in pursuance and without any material and/or other deviations to the said documents. I/We hereby undertake that I/We understand that the Scope of Work and Requirement of this Tender is indicative only and not exhaustive in any manner and that the final scope of work and specification will be decided by the REC at their discretion. I/We hereby undertake that we shall comply with the Scope of work and requirements and tender terms and conditions completely and there are no deviations and/or submissions and/or clarifications of any manner and/or sort and/or kind in this regard from my/our side. I/We hereby undertake to provide the required services as and when required and/or asked by REC. I/We hereby undertake that I/We understand that the REC reserves the right to float a separate tender for the scope of work and requirements as mentioned in Section II of this tender irrespective of the outcome of this tender. I/We understand that in such a case I/We shall bid separately for that tender and in no case our bid to this tender shall be deemed as a bid for the said tender. I/We hereby undertake that I/We do understand that my/our bid should be as per the tender document and should be accordingly submitted to the REC. In case of a failure to comply and/or a variation the REC has got sole discretion to consider or disqualify my/our bid for the aforementioned tender and I/We shall be not having any claim of any sort/kind/form on the same. I/We agree to bind by this bid for a period of 90 days after the date fixed for opening and it shall remain binding upon us and may be accepted at any time before the expiration of that period and till the time I/We after the expiry of the validity period of 90 days formally withdraw my/our response in writing with a minimum notice period and associated terms and conditions and as specified in the tender document and in all such cases my/our bid shall be deemed to be valid. I/We hereby attach the duly signed and stamped bid document as an acceptance of TENDER specifications and terms & conditions with the technical response without any deviations and/or submissions and/or clarifications of any manner and/or sort and/or kind in this regard from my/our side. 25

26 I/We hereby undertake that printed terms and conditions and/or submissions and/or clarifications as submitted by me/us in my/our bid shall not be considered as forming part of my/ our Bid and shall not be binding on REC in case of acceptance of my/ our bid and/or award of contract by REC to me/us. I/We hereby declare that our firm has not been black listed, debarred, banned or disqualified by any Government or any Government agencies including PSUs during a period of last five years. I/We hereby affirm that our bid is valid for the period including the deemed period as specified in the tender document. Name of the Signatory: Encl: Signature of Authorized Signatory: Date: Place: Company Name& Seal 26