IFCI Limited Registered Office: IFCI Tower, 61, Nehru Place, New Delhi-110019. Telephone No. +91-11- 41732000, Email: nitin.bhardwaj@ifciltd.com, Website: www.ifciltd.com CIN: L74899DL1993GOI053677 TENDER No. IFCI/ACCOUNTS/2015-16-05 Dated: January 04, 2016 Sub: Application for Empanelment of Consultants for Advisory and Representation in Direct and Indirect Tax Matters Cost of Tender Document EMD/ Bid Security Details Date and Time of Submission of Bids Due Date and Time for Opening of Bids Important Bidding Information Summary No cost has been prescribed for the Tender Document. Not Applicable January 28, 2016 up to 02:00 PM * January 28, 2016 at 03:00 PM * At IFCI Tower, 61, Nehru Place, New Delhi-110019. Address for submission of bids General Manager (Accounts) IFCI Tower, 61, Nehru Place, New Delhi-110019 * Initially, the submission and closing of bids shall be on January 28, 2016 for finalizing the initial list of the empanelled consultants. However, the bidders can apply till March 31, 2016 up to 2:00 PM. The applications of such bidders shall be considered on the basis of same technical qualification criteria, subject to there being available positions. 1. Introduction IFCI Limited is a listed public limited company under the administrative control of Govt. of India and is registered as a Non- Deposit taking Non-Banking Finance Company (NBFC-ND) under section 45 IA of the RBI Act, 1934. IFCI Ltd. is engaged in the business of providing financial assistance in the form of loans & equity participation or in any other form or scheme as may be deemed expedient. Besides above, IFCI is also investing, financing, deploying funds into quoted/ unquoted Shares, Bonds, Mutual Funds and other securities and undertakes the sale & purchase of securities on regular basis. The investment/ financing through securities and trading thereof constitutes a major part of the business operations of IFCI Ltd. It is also engaged in consultancy and advisory services. IFCI Ltd. has six subsidiaries, six step-down subsidiaries and six associates companies.
2. Objective IFCI Ltd. is desirous of making a panel of tax consultants having expertise and experience in direct and indirect tax matters for providing services of advisory and representation before judicial forums. The broad framework of desired services from the consultant is given in Annexure I. 3. Eligibility & Selection Criteria The consultant meeting the eligibility criteria can apply for empanelment by way of submitting separate proposals for income tax and service tax matters. The selection of the consultants for empanelment shall be based on the marks earned on evaluation of the technical bids. Consultants scoring minimum 60 (sixty) marks shall be eligible for empanelment. However, depending upon no. of proposals and qualifying firms, in order to maintain an optimal no. of consultants on the panel, IFCI Ltd. shall have the right to alter the minimum qualifying marks. Eligibility Criteria: The applicant should satisfy the following eligibility criteria, before submitting their proposal: 1. Should be a Chartered Accountant/ Advocate Firm based in Delhi/ NCR region, inter alia engaged in providing consultancy and representation in taxation matters. 2. The partner/ proprietor proposed to be appearing for the tax matters of IFCI Ltd. before ITAT/ CESTAT/ AAR should have minimum experience of 15 years and be in the practice of representation before judicial forums in the area of tax (direct tax or indirect tax) for which firm is applying for empanelment. 3. For assignments of representation before High Court/ Supreme Court, the partner/ proprietor proposed to be appearing for IFCI Ltd. should have minimum experience of 10 years and be in the practice of representation before High Court or Supreme Court in the area of tax (direct tax or indirect tax) for which firm is applying for empanelment. 4. Should have more than 70% of gross receipt of the firm during the last 3 financial years from consultancy and representation in tax matters or the gross receipt from consultancy and representation in tax laws should be more than ` 50 lakh for each of the last 3 financial years prior to the date of making application.
Selection Process: The consultant shall be assigned marks based on evaluation of their information given in their proposal for empanelment based on following parameters: Sr. Maximum Criteria No. Marks Method of allotting marks for Combined Score 1. Technical 100 The firm shall be evaluated based on their experience, expertise, standing of the firm, available infrastructure, qualification & experience of the partner proposed to be supervising the assignments of IFCI Ltd., engagement for similar assignment with other Banks/ FIs/ NBFCs and other financial intermediaries based on the information submitted with the bid document. 100 Notes: (1) In order to understand profile of the firm and to have a clear understanding of the areas in which the firm is having requisite expertise, IFCI Ltd. may at its absolute discretion invite one or more or all the applicants for further presentation. (2) IFCI reserves all rights to accept or reject any or all proposals without assigning any reasons. The applicants should submit the proposal strictly in the format given in Annexure II and Annexure III for empanelment for Direct Tax & Indirect Tax matters respectively. 4. Work Allocation IFCI Ltd. shall invite fee quote for specific assignment of advisory or representation services, in a standardized fee structure, from the empaneled consultant and the consultants quoting lowest fee quote shall be engaged for the assignment. Terms & Conditions: 1. This tender document contains information that is believed to be relevant at the date but does not purport to provide all of the information that may be necessary or desirable to enable an intending contracting party to determine whether or not to enter into a contract or arrangement with IFCI. Neither IFCI nor any of its employees, agents,
contractors, or advisors gives any representation or warranty, express or implied, as to the accuracy or completeness of any information or statement given or made in this document. 2. The Consultant doesn t have any entitlement/ claim for any work allocation or engagement for any assignment just by getting empanelment. 3. The panel shall normally be valid and in force for a period of 3 years. However, IFCI Ltd. reserves the right to review the panel at any time or frequency to alter the size of the panel or add or remove the consultant from the panel. 4. IFCI may invite fee quote from any no. of consultant out of total panel depending upon the nature of assignment, expertise of the firm, prior experience with IFCI Ltd., continuity in the similar assignments or any other factor considered as appropriate. 5. Each respondent should notify IFCI Ltd. of any error, omission, or discrepancy found in this tender document. 6. A Respondent will, by responding to IFCI Ltd. for the empanelment, be deemed to have accepted the terms of this Introduction and disclaimer. 7. Appointed consultant shall during the tenure of the empanelment and at any time thereafter keep all information relating to the work in full confidence and shall not, unless so authorized in writing by IFCI, 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. 8. The proposal should be submitted in a sealed envelope superscripted as "Proposal for empanelment of Consultant for Advisory and Representation in Direct Tax Matters" or "Proposal for empanelment of Consultant for Advisory and Representation in Indirect Tax Matters" as the case may be. 9. One firm should submit only one proposal for one assignment i.e. Direct Tax and/or Indirect Tax. 10. Firms applying for both the areas of taxation (Direct and Indirect) should submit separate proposals. 11. The proposal should reach IFCI's Registered Office at IFCI Tower, 61, Nehru Place, New Delhi-110019, on January 28, 2016 by 2:00 PM. However, the bidders can apply till March 31, 2016 up to 2:00 PM. The applications of such bidders shall be considered on the basis of same technical qualification criteria, subject to there being available positions. 12. Proposals will be opened in the presence of the applicants, who desire to be present, on January 28, 2016 at IFCI Tower, 61 Nehru Place, New Delhi - 110019 at 3:00 PM. 13. The proposals received after the specified date/time, incomplete/unsigned, in open envelope or by fax/ emails and conditional bids will be summarily rejected.
14. All the applicants should mention the name, contact no. and email ID of one of their officer to contact for all communications in respect of Tender Process. 15. Applicants should provide all the information ensuring its completeness and accuracy, in the desired format in clear and unambiguous manner. 16. IFCI reserves the right to cancel/ restrict/ enlarge/ modify/ postpone and/ or extend the date of receipt/ opening of Bids or withdraw the Bid notice without assigning any reason(s) whatsoever. In such case the bidders shall not be entitled to any form of compensation from the Company. 17. If any false information/ document is provided/ submitted, IFCI reserves the right to reject such proposal at any stage or to remove the name of the consultants from the panel and take legal action, as may be appropriate. 18. In case of any dispute arising, an amicable solution may be arrived at with discussion and reconciliation. However, in case of any dispute remaining unresolved, decision of the Chief Executive Officer & Managing Director (CEO&MD), IFCI Ltd. will be final and binding. All legal disputes shall be subject to jurisdiction of Courts of Delhi. 19. In case of any clarification required in this regard, the undermentioned persons may be contacted: Sh. Harsh Gupta Assistant General Manager (Accounts) Email ID: harsh.qupta@ifciltd.com Tel: 011-41732415 Sh. Nitin Bhardwaj Assistant Manager (Accounts) Email ID: nitin.bhardwai@ifciltd.com Tel: 011-41732404
ANNEXURE - I Nature of services: Legal opinion and advisory on issues arising out of legislative amendments, assessment/ adjudication proceedings etc., change in business model, transaction specific advisory supported with legal provisions and relevant judicial pronouncements with advice on the suitable course of action. Compilation of paper book, written submission and representation before Authority for Advance Ruling. Filing of appeals including drafting of grounds of appeal, compilation of paper-book, written submissions, affidavits etc. before judicial forums i.e. ITAT/ CESTAT, High Court & Supreme Court. Monitoring and supervising the appeals pending before ITAT/ CESTAT, High Court, Supreme Court. Representation and appearance before ITAT/ CESTAT/ High Court, Supreme Court. Note: 1. For representation before tax authorities, partner/ proprietor proposed to be supervising the tax matters of IFCI Ltd. should normally appear.
ANNEXURE - II (On letter head of the Firm) Proposal for Empanelment of Consultant for Advisory and Representation in Direct Tax Matters To General Manager (Accounts) IFCI Ltd., IFCI Tower, 61, Nehru Place, New Delhi 110019 Dear Sir, Re: Empanelment of Consultant for Advisory and Representation in Direct Tax Matters SI. No. Particulars 1. Name of the firm (specifying as Chartered Accountant firm or Advocate Firm) and a brief profile. Information 2. Year of Commencement of Practice as firm (Please attach Copy of Certificate of Practice from ICAI or other documentary evidence in case of applicant being other than CA firm) 3. Details of Head Office & Branch Office(s) Address Telephone Nos. Fax No. Email Website 4. Whether office situated at Delhi/ NCR applying for the assignment is head office or branch office 5. Name and profile of the Lead Partner of the firm 6. - Name of all the partners - Area of expertise & experience of the partners 7. Name, qualification, post qualification experience and period of association with the firm - of the Partner/ proprietor proposed to be supervising the assignment of IFCI Ltd. (Attach documentary evidence)
SI. No. Particulars Information 8. Experience of the partner/ proprietor proposed to be appearing for the tax matters of IFCI Ltd.: Forum Period of practice Major Clients Served 9. Gross receipt of the firm during the last three financial years (FY 2012-13, FY 2013-14 and FY 2014-15): (Please mention the figures in outer column and submit audited balance sheet/ copy of ITR for last three years as documentary evidence) 10. Gross receipt from advisory and representation 11. 12. services from Direct Taxes during the last three years (Year wise). - No. of partners in the firm - No. of partners in the Delhi/ NCR office - No. of qualified professional in Delhi/ NCR engaged with tax team Detail of major clients (having turnover more than Rs. 100 crore) served by the partner/ proprietor proposed to be supervising the matter of IFCI Ltd., during the last five years in the area of Direct Tax advisory and representation services: Representation Services: Name of the Industry Client Turnover Forum where represented/ nature of advisory services 13. Note: 1. Please provide the name of the client with contact details. 2. The above should be provided only for the assignment represented as lead counsel 3. Assignment handled in the capacity of junior, briefing, joint counsel or confined to monitoring or watching the matter etc. should be excluded from the above list. 4. The assignment in with the large clients in banking & finance industry shall be assigned higher rating. Any other relevant information. (Attach Documentary) Declaration: i. All the information provided by us here above are correct to the best of our knowledge & belief. ii. We have read all the instructions, terms & conditions of tender document and these are acceptable to us.
iii. iv. We have no objection if enquiries are made about the work listed by us in the accompanying sheets/ annexure. We do not have any conflict of interest with IFCI Ltd. v. There has not been any disciplinary action initiated or contemplated/ suspension of business by ICAI/ RBI or other regulatory/ statutory authority during the last five years against the firm, any partner or employee thereof. Signature Name & Designation of the Authorized Signatory Seal of the Firm Date: Place:
ANNEXURE - III (On letter head of the Firm) Proposal for Empanelment of Consultant for Advisory and Representation in Indirect Tax Matters To General Manager (Accounts) IFCI Ltd., IFCI Tower, 61, Nehru Place, New Delhi 110019 Dear Sir, Re: Empanelment of Consultant for Advisory and Representation in Indirect Tax Matters SI. No. Particulars 1. Name of the firm (specifying as Chartered Accountant firm or Advocate Firm) and a brief profile. Information 2. Year of Commencement of Practice as firm (Please attach Copy of Certificate of Practice from ICAI or other documentary evidence in case of applicant being other than CA firm) 3. Details of Head Office & Branch Office(s) Address Telephone Nos. Fax No. Email Website 4. Whether office situated at Delhi/ NCR applying for the assignment is head office or branch office 5. Name and profile of the Lead Partner of the firm 6. - Name of all the partners - Area of expertise & experience of the partners 7. Name, qualification, post qualification experience and period of association with the firm - of the Partner/ proprietor proposed to be supervising the assignment of IFCI Ltd. (Attach documentary evidence)
SI. No. Particulars Information 8. Experience of the partner/ proprietor proposed to be appearing for the tax matters of IFCI Ltd.: Forum Period of practice Major Clients Served 9. Gross receipt of the firm during the last three financial years (FY 2012-13, FY 2013-14 and FY 2014-15): (Please mention the figures in outer column and submit audited balance sheet/ copy of ITR for last three years as documentary evidence) 10. Gross receipt from advisory and representation 11. 12. services from Indirect Taxes during the last three years (Year wise). - No. of partners in the firm - No. of partners in the Delhi/ NCR office - No. of qualified professional in Delhi/ NCR engaged with tax team Detail of major clients (having turnover more than Rs. 100 crore) served by the partner/ proprietor proposed to be supervising the matter of IFCI Ltd., during the last five years in the area of Indirect Tax advisory and representation services: Representation Services: Name of the Industry Client Turnover Forum where represented/ nature of advisory services 13. Note: 1. Please provide the name of the client with contact details. 2. The above should be provided only for the assignment represented as lead counsel. 3. Assignment handled in the capacity of junior, briefing, joint counsel or confined to monitoring or watching the matter etc. should be excluded from the above list. 4. The representation assignment under the relevant act such as excise, customs, service tax etc. should be separately mentioned and clearly identified. 5. The assignment in service tax matter and those with the large clients in banking & finance industry shall be assigned higher rating. Any other relevant information. (Attach Documentary)
Declaration: I. All the information provided by us here above are correct to the best of our knowledge & belief. II. III. IV. We have read all the instructions, terms & conditions of tender document and these are acceptable to us. We have no objection if enquiries are made about the work listed by us in the accompanying sheets/ annexure. We do not have any conflict of interest with IFCI Ltd. V. There has not been any disciplinary action initiated or contemplated/ suspension of business by ICAI/ RBI or other regulatory/ statutory authority during the last five years against the firm, any partner or employee thereof. Signature Name & Designation of the Authorized Signatory Seal of the Firm Date: Place: