Page 1 of 47 REQUEST FOR PROPOSAL (RFP) For Appointment of Consultants for Implementation of Goods and Services Tax (GST) and Compliance thereof in DENA BANK RFP Reference No. DB/ACCTS/ 01/2017-18 Dated: 1 st April, 2017 DENA BANK, Accounts Department, HEAD OFFICE, 17 B, Dena Bank Building, Second Floor, Horniman Circle, Fort MUMBAI – 400023 www.denabank.com
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Page 1 of 47
REQUEST FOR PROPOSAL (RFP)
For Appointment of Consultants for Implementation of Goods and Services Tax (GST) and Compliance
Annexure A to Annexure H ...................................................................................... 18 to 47
Page 3 of 47
DISCLAIMER
The information contained in this Request for Proposal Document (RFP
Document /Bid Document) or information provided subsequently to bidder(s)
or applicants whether verbally or in documentary form by or on behalf of
Dena Bank, is provided to the bidder(s) on the terms and conditions set out
in this RFP Document and all other terms and conditions subject to which
information is provided.
This RFP Document is not an agreement and is not an offer or invitation by Dena Bank to any parties other than the applicants who are qualified to submit the bids ("Bidders").
The purpose of this RFP document is to provide the Bidder(s) with
information to assist the formulation of their proposals. This RFP document does not claim to contain all the information each bidder may require. Each bidder should conduct its own independent investigation and analysis and is
free to check the accuracy, reliability and completeness of the information in this RFP document and where necessary obtain independent information.
Dena Bank makes no representations or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or
completeness of this RFP Document. Dena Bank may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP Document.
Dena Bank reserves the right to reject any or all the bids / proposals
received in response to this RFP document at any stage without assigning
any reason whatsoever. The decision of Dena Bank in this regard shall be
final, conclusive and binding on all the parties.
Page 4 of 47
1. BID DETAILS
1 Date & time of commencement of bidding process (i.e. Posting of tender document on website Date: 01.04.2017 Time: 3.00 p.m.
2 Last date & time for receipt of written queries for clarification from bidders Date: 08.04.2017 Time: 5.00 p.m.
3 Date & time for issuing clarifications to queries by the bank Date: 15.04.2017 Time: 5.00 p.m.
4 Last date & time for submission of bidding documents including
technical and financial bid Date: 22.04.2017 Time: 2.00 p.m.
5 Date & time of opening of the technical bids Date: 22.04.2017 Time: 3.30 p.m.
6 Place of opening of technical bids Dena Bank , Accounts Department, 17 B, Horniman Circle, Fort Mumbai
Representatives of bidders may be present during opening of the technical bid. However, technical bids would be opened even in the absence of any or all of the bidder‟s Representatives.
7 The eligible bidders, who would qualify as per the eligibility criteria in annexure-A would be informed by the bank through e-mail. Subsequently, these eligible bidders would be invited for presentation to be made before the appointed internal committee. The technical proposals including presentation shall be evaluated based on parameters given in annexure-G and the bidder securing minimum 70% as per the scoring given in the annexure-G shall be considered as qualified for opening of financial bid which shall be opened subsequently.
8 Address for communication (bank)
1.Name: Mr. Pankaj Mittal
2. Designation: D G M, Accounts Deptt., 3. Address: Dena Bank Building, Accounts Department, 2nd floor,
9 Earnest Money Deposit (EMD) Rs.1, 00,000/-(Rupees one lakh only) in the form of Demand Draft in favour of 'Dena Bank' payable at Mumbai. EMD should be enclosed with technical bid.
10 Application Money(NON-REFUNDABLE)
Application Money should be enclosed with technical
bid
Rs.10, 000/-(Rs Ten Thousand only) in the form of Demand Draft in favour of 'Dena Bank' payable at Mumbai or through RTGS/ NEFT to following A/c Account Name DB ST payment
A/C No 000111001009
IFSC Code BKDN0CIRCLE .
Page 5 of 47
2. Overview
Dena Bank is a nationalized bank with a network of 1865+ branches
spread across India. The Bank offers wide range of products and
services to both corporate and retail customers. The bank also has a
network of 1538 ATMs and 88 E-Smart Lobbies. The bank also
provides services to its customers through alternative channels such
as internet banking, debit cards, mobile banking, etc.
To expand its reach further, the bank is also forging ahead with
cutting edge technologies and innovative new banking models.
3. Purpose
Pursuant to 122nd constitutional amendment for implementation of
Goods and Service tax (GST), the Government has proposed to
implement Goods and Service tax (GST) with effect from 01.07.2017.
GST will replace Central Excise duty, Service tax, States Sales Tax or
VAT, Entry Tax, Luxury Tax, Entertainment Tax (except to the extent
levied by local bodies). GST is a landmark robust reform for Indian
economy reducing the cascading effect of tax on the cost of goods and
services. There will be complete overhaul in current indirect tax system
Reporting etc. It will have impact on all the aspects of the business
operations for instance, pricing of products and services accounting,
change in invoice formats, payment system and tax compliance
systems.
Now, Dena Bank with its 1865+ branches and other administrative
offices (International Division, Currency chest and Zonal offices and
Any offices in Foreign Countries) in India has to comply with all the
regulations and requirements under GST law.
Towards this end the Bank proposes to engage professional
consultants for seamless implementation of GST within the timelines
indicated by GOI by placing all the changes required (both
documentary as well as technical requirements) to make the Bank fully
complied with the GST Laws and regulations effectively.
Page 6 of 47
4. Invitation
In this connection, Dena Bank invites Proposals from consultants of
repute and proven track record for implementation of GST as per the
terms of reference given in Annexure-E.
The bidders/applicants desirous of taking up the project are invited to
submit their proposal in response to this RFP. The criteria and the
actual process of evaluation of the response to the RFP and
subsequent selection of the Successful Bidder (SB) will be entirely at
bank‟s discretion. The bidders / applicants should have necessary
experience, capability and expertise to perform, as per the scope of
work and to adhere to the bank‟s requirements/terms and conditions
outlined in the RFP.
5. Definitions
a) “DENA BANK” means a bank constituted under the Banking
Acquisition and Transfer of undertakings act, 1970, which has invited
the bids for consultancy services, and with which the selected bidder
signs the contract for the services to be rendered and to whom the
selected bidder shall provide services as per the terms and conditions
and terms of reference of the contract.
b) “Bidder/Applicant/Consultant” means the entity or firm who is
submitting its proposal for providing services to Dena Bank.
c) “Partner” means a professional sharing profit in a Chartered
Accountancy firm/LLP as defined under Partnership Act and/or
Limited Liability Partnership Act.
d) “Personnel/Professional” means full time staff with minimum
qualification of Chartered Accountant on the payroll of the bidder.
e) “Proposal/Bid” means the technical proposal and the
commercial/financial proposal.
f) “RFP” means this “Request for Proposal” prepared by Dena Bank for
the selection of consultants.
g) “Assignment/Job” means the work to be performed by the consultant
pursuant to the contract.
h) “Terms of Reference (TOR)” means the document included in the RFP
which explains the scope of work, activities, tasks to be performed, etc.
i) “Contract” means the contract signed by the parties and all the
attached documents and appendices.
j) “Day” means calendar day.
k) “Parties”- “Party or Parties” means Dena Bank or Bidder/ selected
Bidder/Consultant or both as the case may be.
Page 7 of 47
6. Eligibility Criteria
6.1. Applicant must read carefully the eligibility criteria provided in
Annexure-A. Proposals of only those applicants who satisfy these conditions
will be considered for evaluation process. To be eligible for evaluation of its
proposal, the Applicant shall fulfil the eligibility criteria given in Annexure-A.
6.2. The Eligibility Criteria will apply to the Bidder firm. The firm should
have neither failed to perform on any agreement during the last three years,
as evidenced by imposition of a penalty by an arbitral or a judicial
pronouncement or arbitration awarded against the applicant nor been
expelled from any project or agreement nor had any agreement terminated
for breach by such applicant
Self-declaration /undertaking to this effect should be enclosed to the
proposal.
For all disputes under this Agreement the parties hereto shall first endeavor
to settle such disputes by friendly consultation, failing which the same shall be referred to arbitration. The provisions of the Arbitration and Conciliation
Act, 1996 or any statutory modification thereof shall apply. The arbitration shall be held in Mumbai. The Arbitration Award shall be final and binding on both the parties. Each party shall bear its own costs and expenses.
6.3. Conflict of Interest
6.3.1. Dena Bank requires that the selected consultants provide
professional, objective and impartial advice, and at all times hold Dena
Bank‟s interests paramount, strictly avoid conflicts with other
assignment(s)/job(s) or their own corporate interests, and act without any
expectation/consideration for award of any future assignment(s) from Dena
Bank.
6.3.2. Without limitation on the generality of the foregoing, the selected
consultants, shall be considered to have a conflict of interest(and shall not
be engaged under any of the circumstances) as set forth below:
a) Conflicting assignment/job: The consultant (including its personnel)
or any of its affiliates and member firms shall not be hired for any
assignment/job that, by its nature, may be in conflict with another
assignment/job of consultancy to be executed for the same and/or for
another employer.
b) Conflicting relationships: The consultant (including its personnel)
having a business or family relationship with a member of Dena
Bank‟s staff who is directly involved in any part of (i) the preparation
Page 8 of 47
of the terms of reference of the assignment/job, (ii) the selection
process for such assignment/job, or (iii) supervision of the contract,
may not be awarded a contract, unless the conflict stemming from
such a relationship has been resolved in a manner acceptable to Dena
Bank throughout the selection process and the execution of the
contract.
6.4. Employees of Dena Bank shall not work as, for or to be a part of the firm
of selected consultants.
7. Terms of reference:
As given in Annexure-E.
Tenure of the assignment:
This assignment is expected to be completed on filing of the required returns upto FY 2018-19
The term may be extended, solely at the discretion of Dena Bank, only on
satisfactory review for such period as may be decided by the Dena Bank.
Any extension of the completion date due to unforeseen delay will be by
mutual consent. In case DENA Bank desires to seek further support in
implementation or wants to extend the scope of this project, beyond the
above scope, it may at its discretion, extend the duration of the project at
similar commercial terms (or on such commercial terms mutually agreed
between the Bank and the consultant). If the consultant fails to complete the
above scope of work of this assignment as per the time frame prescribed in
the RFP and extension if any allowed, it will be treated as a breach of
contract. The bank reserves the right to cancel the order in the event of
delay.
Consultant must provide professional, objective and impartial advice at all
times and hold the Bank‟s interest paramount, without any consideration for
future work, and strictly avoid conflicts with other assignments or their own
corporate interests.
8. Earnest Money Deposit (EMD)/ Application Money
I. The bidder shall submit the EMD of Rs.1, 00,000/-(Rupees One lakhs
only) and the Application Money (Non Refundable) of Rs.10, 000/-(Rupees
Ten Thousand Only) by way of Demand Drafts favoring „Dena Bank‟ payable
at Mumbai. EMD may be forfeited in the event of withdrawal of bid during
the period of processing of RFP or in case the selected bidder fails to sign the
contract.
ii. EMD /Application Money Demand Drafts should be kept in the envelope
containing the Technical Proposal as per Annexure-B. Any Technical
Page 9 of 47
Proposal envelope not accompanied by the requisite EMD/Application Money
shall be treated as non-responsive and is liable to be rejected.
iii. The EMD of the unsuccessful bidders will be returned within 15 days,
after completion of process of selection of the consultant. The EMD of the
selected Consultant shall be refunded only after successful completion of
contract.
iv. No interest is payable on the amount of EMD.
v. If EMD is forfeited for any reason, the concerned bidder will be debarred
from further participation in future three RFPs floated by the bank.
9. Clarification and amendment of RFP documents
9.1. The bidder may request for a clarification on any clause of the RFP
documents latest by 5.00 PM on April 8th, 2017. Any request for clarification
400023- so as, to reach him by 02.00 PM on April 22nd, 2017.Technical
evaluation will be done only of the eligible bidders.
12.2 The name of assignment/job shall be „Consultancy for Implementation of Goods and Services Tax (GST) and Compliance thereof‟. Detailed scope of
the Assignment/Job has been described in the Terms of Reference as per Annexure-E.
12.3. The proposal shall be in two parts, viz. Technical Proposal and
Commercial Proposal. Both the Technical and Commercial proposals shall be
submitted in separate sealed envelopes superscribing “TECHNICAL
PROPOSAL FOR APPOINTMENT OF GST CONSULTANT: RFP Reference No.
DB/ACCTS/01/2017-18 dated: 1st April 2017”on top of the envelope
containing technical bid and “COMMERCIAL PROPOSAL FOR
APPOINTMENT OF GST CONSULTANT: RFP Reference No. DB/ACCTS/01
/2017-18 dated 1st April 2017”on top of the envelope containing financial
bid.
12.4. These two separate sealed envelopes should be put together in a
master envelope duly sealed and superscribing “PROPOSAL FOR
APPOINTMENT OF GST CONSULTANT: RFP Reference No. DB/ACCTS/01
/2017-18 dated 1st April ‟2017”.
Page 11 of 47
12.5. The Technical Proposal is required to be submitted in the format as per
Annexure-B together with Annexures-B1 to B6 and other supporting
documents. The demand drafts for EMD of Rs. 1,00,000/- and
Application Money of Rs. 10,000/- should also be kept in the envelope
containing the technical proposal.
The Technical Proposal should include the details of the overall approach for
implementation of Goods & Service Tax in Dena Bank as mentioned in
Section 3 and 7 of this RFP. The approach should have a clear layout of the
conceptual design and the implementation stages till final compliance of GST
by the Bank. The technical proposal should also include details of the team,
its composition and key executives, authorized signatory(s) proposed in
various stages of the project.
The integrity Pact as per Annexure –H should be duly filled and signed in a stamped paper with a value of Rs. 200/- to be submitted along with Technical bid.
12.6. The eligible bidders, who would qualify as per the eligibility criteria in
Annexure A would be informed by the Bank through e-mail. Subsequently,
these eligible bidders would be invited for presentation to the appointed
internal committee.
12.7. The technical proposals shall be evaluated based on parameters given
in Annexure-G including presentation and the firms securing 70% or more
as per the scoring given in Annexure-G shall be considered as qualified for
opening of financial bid which shall be opened subsequently.
12.8. In preparing their technical proposal, bidders are expected to examine
in detail the documents comprising the RFP. Material deficiencies in
providing the information requested may result in rejection of a technical
proposal.
12.9. The technical proposal shall not include any Commercial proposal. A
technical proposal containing Commercial proposal shall be declared invalid
and rejected
12.10. The commercial proposal should be submitted as per Annexure C
along with Annexure C-1 & C-2. Bidder should clearly indicate the total cost
of the Consultancy in both figures and words, in Indian Rupees, and signed
by the Applicant‟s Authorised Representative. In the event of any difference
between figures and words, the amount indicated in words shall prevail. In
the event of a difference between the arithmetic total and the total shown in
the Commercial Proposal, the lower of the two shall prevail.
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12.11. The fee quoted shall state the fee for Assignment and applicable
taxes (applicable taxes will be paid as per the tax rate prevailing at the time
of actual payment). No out of pocket expenses shall be borne by the Bank.
Financial Bid should be all inclusive. The Commercial proposal shall not
include any conditions attached to it. Any such conditional Commercial
proposal shall be liable for rejection. Payment will be made after deducting
tax deductible at source as per applicable tax laws.
12.12. The selected consultant will be associated with the Bank till the
completion of assignments as given in the Terms of reference in Annexure
E. The payments terms are as given in the Annexure F.
12.13. The RFP and Proposal will be the basis of contract to be signed with
the selected bidder. The contract shall be finalised within 60 days from the
date of issuance of the final selection letter.
12.14. Dena Bank is not bound to accept any proposal, and reserves the
right to annul the selection process without assigning any reason(s), at any
time prior to signing of contract, without incurring any liability towards the
bidder.
12.15 The cost of bidding and submission of bid documents is entirely the
responsibility of bidders, regardless of the conduct or outcome of the tendering process.
13. Submission, receipt and opening of proposal
13.1. The original proposal, both technical and commercial proposals, shall
contain no interlineations or overwriting.
13.2. An authorised representative / signatory of the bidder shall initial all
pages of the original technical and commercial proposals. The proposals
should include a copy of board resolution or power of attorney showing that
the signatory has been duly authorized to sign the bid document. The signed
Technical and Commercial proposals shall be marked “original”.
13.3. Both the Technical and Commercial proposals shall be submitted in
separate sealed envelopes superscribing “TECHNICAL PROPSAL FOR
APPOINTMENT OF GST CONSULTANT RFP Reference No. DB/ACCTS/01
/2017-18 Dated: 1st April ,2017”on top of the envelope containing technical
bid and “COMMERCIAL PROPOSAL FOR APPOINTMENT OF GST
CONSULTANT: RFP Reference No DB/ACCTS/01/2017-18 Dated: 1st
April,2017”on top of the envelope containing Financial Bid.
13.4. These two separate sealed envelopes should be put together in the
sealed master envelope superscribing “PROPOSAL FOR APPOINTMENT OF
“ Dy General Manager (Accounts), Dena Bank, Accounts Department, 17/B,
Horniman Circle, Fort, Mumbai-400023.”
13.5. Dena Bank shall not be responsible for postal delay, misplacement, loss
or premature opening if the outer envelope is not sealed and/or marked as
stipulated. This circumstance may be a cause for proposal rejection.
13.6. The sealed master envelope containing the technical proposals and commercial proposals should be submitted at the address given in paragraph 13.4 not later than 2.00 p.m. on 22-04-2017. Any proposal
received by Dena Bank after the deadline for submission shall not be accepted.
13.7. The sealed master envelope containing the technical and commercial proposals shall be opened on 22-04-2017 at 03:30 P.M. The sealed envelope of technical proposal shall be opened while the commercial proposal shall be
kept in the sealed envelope for opening at a later date. Representatives of Bidders may be present during opening of the Technical proposals. However, Technical Proposals would be opened even in the absence of any or all of the
bidders‟ representatives.
14. Proposal evaluation
14.1. From the time the proposals are opened to the time the contract is
awarded, the bidders should not contact Dena Bank, unless called for. The
bidders should also not contact any of the officers/employees or
representatives of the bank on any matter related to its technical proposal
and/or Commercial proposal with a view to influencing Dena Bank in the
examination, evaluation, ranking of proposals, and recommendation for
award of contract. Such an effort shall result in the rejection of the bidders‟
proposals. Canvassing in any form would lead to disqualification of the
proposal.
14.2. The eligible bidders, who would qualify as per the eligibility criteria in
Annexure A would be informed by the Bank through e-mail. Subsequently,
these eligible bidders would be invited for presentation to the appointed
internal committee.
14.3. The technical proposals including presentation shall be evaluated based
on parameters given in Annexure G and the bidder securing minimum 70%
as per the scoring given in Annexure G shall be considered as qualified for
opening of financial proposals.
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14.4. The sealed envelope containing the commercial proposals will be
opened subsequently for the technically qualified bidders. The final selection
will be made as per the scoring sheet - Annexure D.
14.5. In case of a discrepancy between amount in words and figures, the
former will prevail.
14.6. Dena Bank reserves the right
i. To accept or reject any or all the proposals and
ii. To engage a consultant for the entire Assignment/ Job only for one
or more segments of the project.
16. Contract Finalization
16.1. Dena Bank and the selected bidder shall finalise the terms of contract
to be executed as per the prescribed terms of the Bank. Dena Bank shall
have the right not to enter into the contract with the consultant if the
consultant is unable to provide the professional staff assured in the
technical proposal. In such an eventuality, Dena Bank reserves the right to
reject the proposal and restart the entire process.
16.2. Dena Bank will not consider substitution of professional staff before
signing the contract and during the tenure of the assignment unless both
parties agree that undue delay in the selection of professional staff makes
such substitution unavoidable, or for reasons such as death or medical
incapacity, or if the professional staff has left the organization. Any
proposed substitute shall have equivalent or better qualifications and
experience and complete details be submitted by the consultant within the
15 days of such event.
17. Confidentiality Agreement/Undertaking
As the selected consultant will have access to the data of the Bank, the Bank
will require the consultant to sign a confidentiality agreement/undertaking
for not disclosing or part with any information relating to the Bank and its
data to any person or persons or authorities, without written consent of the
Bank. Breach of the same will result in cancellation of the agreement apart
from other remedies which shall be available to the Bank against the
consultant.
The Consultant selected for the assignment should treat as confidential all
data and information about the Bank obtained in the execution of the
proposed assignment, hold it in strict confidence and should not reveal such
data / information to any other party without the prior written approval of
the Bank.
Page 15 of 47
The consultant selected shall allow the Tax Authorities/Reserve Bank of India and any other Statutory / Regulatory body or person/s authorized by it
to access its records of transactions, and other necessary information given to, stored or processed by them in context with assignment of Dena Bank,
within a reasonable time and shall recognize the Tax Authorities/ Reserve Bank of India and /or any other Regulatory Authority/ Governmental Agency having necessary jurisdiction to cause inspection to be made in this
connection of the relevant records. The consultant selected shall agree and confirm that they will disclose,
forthwith, instances of security breaches. The consultant selected shall agree that they will preserve the documents and data in accordance with the
legal/regulatory obligation of the Bank in this regard.
The consultant selected shall ensure its employees, representatives etc., shall not use the name, trademark and / logo of the Bank in any sales or
marketing publication or advertisement or in any other manner, nor any of the personnel engaged by the consultant for the purpose of the services
whether owner, director, partner, employee, subagent, representative, shall have employee and employer relationship with the Bank.
18. Indemnification:
The selected consultant shall at their own expenses, indemnify the Bank
against any copyright violation, any loss on claims due to loss of data
/damage to data of the Bank arising as a consequence of breach of any
clause in terms and conditions of the Agreement.
Both Parties shall keep the other Party indemnified, saved and held harmless, from the costs and consequences of an act of omission /commission resulting in breach of any provisions of the Agreement to be
entered between both the parties, including any legal costs and expenses that the aggrieved Party may incur in protecting and/or defending itself. The liability of either party to the other shall be limited to the extent of amount
due and payable under this Agreement.
19. Termination of Agreement
A suitable clause for termination by giving notice will be incorporated in the
final agreement. The agreement with the selected consultant may be
cancelled at the Bank‟s discretion on account of following or without
assigning any reason:
a. On refusal to take up the allotted Assignment; b. If the firm stands dissolved /reconstituted under the name/style of
the firm is changed; c. On not abiding by the terms and conditions stipulated in the
agreement; d. If the performance of the Consultant is not found satisfactory (viewed
as such by the Bank‟s Appropriate Authority); e. Any other reason at the discretion of the Bank.
Page 16 of 47
20. Miscellaneous Terms & Conditions 20.1 Until a formal contract is prepared and executed, this offer together
with Bank‟s written acceptance and notification of award shall constitute a
binding contract with the bidder.
20.2. Dena Bank is not responsible for non-receipt of bids within the specified date and time due to any reason including postal delays or holidays. 20.3. The Bank also reserves the right to alter/ modify any/ some/ all of the requirements, as it may deem necessary, and notify the same on its websites http://www.denabank.com before the last date for submission of response under this RFP. The Bidders should be agreeable for the same. 20.4. Bids not conforming to the requirements of the RFP may not be considered by Dena Bank. However, Dena Bank reserves the right, at any time, to waive any of the requirements of the RFP, if, in the sole discretion of Dena Bank; the best interests of Dena Bank would be served by such waiver. 20.5. Dena Bank shall have the right to cancel the RFP process at any time
prior to award of contract without thereby incurring any liabilities to the
affected Bidder(s). Reasons for cancellation, as determined by Dena Bank, in
its sole discretion, may include but are not limited to, the following:
I. Services contemplated are no longer required;
II. Scope of work were not adequately or clearly defined due to unforeseen circumstance and/or factors and/or new developments;
III. Proposed fees are unacceptable to the Work;
IV. The Project is not in the best interests of Dena Bank; V. Any other reason.
20.6. The Applicants shall be responsible for all of costs associated with the
preparation of their Proposals and their participation in the Selection Process
including subsequent negotiation, visits to the Bank, etc. The Bank will not
be responsible or in any way liable for such costs, regardless of the conduct
or outcome of the Selection Process.
20.7 Dena Bank reserves the right to verify the validity of bid information
and to reject any bid where the contents appear to be incorrect, inaccurate
or inappropriate at any time during the process of RFP or even after award of
contract.
20.8 All pages of RFP should be stamped and signed by Authorized Signatory
of the Bidder and to be submitted with the bids.
20.9 Bank may choose to take an undertaking from employees of the
consultant to maintain confidentiality of the Bank‟s information/documents
Appointment of Consultant for implementation of Goods and Services Tax(GST) and Compliance thereof
Dear Sir,
With reference to your RFP Reference No- DB/ACCTS/01/2017-18 Dated 1st April
‟2017, having examined all relevant documents and understood their contents, I,
hereby, submit our Technical Proposal for selection as Consultant for
Implementation of Goods and Services Tax(GST) and Compliance thereof . The
proposal is unconditional and unqualified.
1. We agree to keep this offer valid for 90 (Ninety) days from the last Date of
submitting the proposal specified in the RFP.
2. We agree to undertake the project, if allotted by you, as per the scope of work
(Terms of reference).
3. We agree and undertake to abide by all the terms and conditions of the RFP
Document. We submit this Proposal under and in accordance with the terms
of the RFP Document.
Yours faithfully,
(Signature, name and designation of the authorised signatory)
Date:
Place:
List of Document Enclosed:
1. Annexure (B-1 to B-6 )
2. EMD - DD Particulars
3. Application Fees – DD Particulars
Page 22 of 47
Annexure B -1
Particulars to be furnished for the purpose of appointment of consultant
1. Name of the Bidder Firm
2. Date of Incorporation of Bidder Firm
3. Complete Address of Bidder Firm
4. Name and Contact details and E-mail id of the
nodal person
5. Particulars of the Authorized Signatory
a) Name
b) Designation
c) Contact Number
d) Email ID
6. Persons proposed to be assigned for the
consultancy services and their profiles
7. Name, address and account number of the Bidder‟s
Banker
8. PAN of the Bidder Firm
9. Service Tax registration number of the Bidder
Company/Firm
10. Office Address of Mumbai along with date of
establishment of office in Mumbai ( if any)
(Please provide
Supporting documents)
12. Total Number of Partners of the Bidder Firm
(As per Annexure B – 5)
13. List of full time professional staff of the Bidder firm (As per Annexure B – 6)
14. Presence in how many towns / cities in India –
Please furnish names of cities /centers
15. Any other Information considered relevant by the
bidder.
(Signature, name and designation of the authorised signatory)
Page 23 of 47
Annexure B - 2
Particulars in respect of engagement in Service Tax Consultancy in
Banks / Financial Institutions in India during last Ten years as on
31.12.2016
S.
No.
Name of
Bank /
Financial
Institution
Balance sheet
size of the
Bank /
Financial
Institution
during the
period of
contract
(Rs. In Cr)
Brief
Details of
scope of
work
Name of
Person in- charge
from client side
with
contact no and
e mail id
Period
From To
(Signature, name and designation of the authorised signatory)
Note: Client Certificate / Contract with Client in support of the
information above should be submitted
Page 24 of 47
Annexure B - 3
Financial Performance of the Bidder
Financial
Year
Net worth of
the Firm#
Annual Revenue of the firm
from Indian Operations
(Rs. In lacs)#
Net Profit from Indian
Operations
(Rs. in lacs)#
2013-14
2014-15
2015-16
Supporting Documents such as IT Returns/ Financial Statements of the
Bidder Firm may be enclosed
# The data will be considered for evaluation subject to satisfactory verification of the
same by the Bank.
Page 25 of 47
Annexure B-4
Details of Partners of the Bidder Firm
S. No. Name of the Partner Membership
No. of Partner
with ICAI
(Signature, name & designation of the authorised signatory)
Page 26 of 47
Annexure B-5
Details of full time professional staff of the Bidder Firm S. No. Name of the Professional Staff Membership
No. of Partner
with ICAI
(Signature, name & designation of the authorised signatory)
Page 27 of 47
Annexure B-6
Profile of Persons who will form the team for the proposed assignment
1. Name of the Person :
2. Office Address :
3. E-mail ID :
4. Phone Number – Office :
- Mobile :
5. Date since working in the Firm :
6. Professional Qualifications :
7. Present Designation :
8. Experience :
SI No. Details of Indirect Tax Consultancy services undertaken in India
Period
From To
1
2
3
4
Please use this annexure for giving details of all the proposed team
members, for each of the key members of the team please use separate
format.
Page 28 of 47
Annexure - C
COMMERCIAL PROPOSAL
Covering Letter
(On Applicant‟s letter head)
The Dy General Manager (Accounts)
Dena Bank, Dena Bank Building, Accounts Department,2nd Floor,
17/B, Horniman Circle, Fort, Mumbai- 400023 .
Dear Sir,
Subject: Appointment of Consultant for implementation of Goods and
Services Tax(GST) and Compliance thereof.
With reference to your RFP- Reference No. DB/ACCTS/01/2017-18 Date 1st
April 2017.
We submit herewith the Commercial Proposal for selection as Consultant for
above.
I/We agree that this offer shall remain valid for a period of 90 days from the
last of submission of Proposal or such further period as may be mutually
agreed upon.
Yours sincerely
(Signature, name & designation
of the authorised signatory)
Date:
Place:
List of Document Enclosed:
1. Annexure C-1 & C-2
Page 29 of 47
Annexure C-1
Financial Bid
COMMERCIAL BID
(To be included in Commercial Proposal Envelope)
Date:..........................
Sir,
Request for Proposal for Appointment of Consultants for
implementation of Goods and Service Tax (GST) in Dena Bank
RFP-Reference Number DB/ACCTS/01/2017-18 dated 01.04.2017
In terms of the above-mentioned RFP document we submit herewith
the commercial bid (fees) for the assignment proposed by the Bank as
Consultant.
Consultancy Fees Including out of Pocket expense(Rs.)*
In figures
In words
*exclusive of Service Tax (However any other applicable tax to be
indicated separately in the quotes)
TERMS AND CONDITIONS :
1) The above quoted fee is for the entire assignment. 2) We undertake to deliver all the deliverables as envisaged in the
proposal/agreement. 3) Bank will deduct tax (TDS) while releasing payment, if applicable as per the
law. 4) The fee quoted is inclusive of all the out of pocket expenses including
Travelling and halting expenses, if any required for completion of the job. No reimbursements for such expenses shall be claimed separately from the Bank.
Dated this ....... day of ............................ 2017
________________ ______________________
(Signature) (in the capacity of)
Duly authorized to sign Proposal for and on behalf of
________________
Page 30 of 47
Annexure C-2
(Undertaking from the bidder on their Firm’s/Company’s letter head)
We (and our employees) shall not, unless Bank gives permission in writing, disclose any part or whole of this RFP document, of the proposal, and / or
contract, or any specification, pattern, sample or information furnished by the Bank (including the users), in connection therewith to any person
other than a person employed by the bidder in the performance of the proposal and/or contract. Disclosure to any such employed person shall be made in confidence and shall extend only as far as may be necessary
for purposes of such performance. The employees engaged by us will maintain strict confidentiality.
We (and our employees and agents) shall not without prior written consent from the Bank make use of any document or information given by the
user, except for purposes of performing the contract award. We shall ensure the compliance of the guidelines of Central Vigilance
Commission for the purpose of selection and employment of Consultants. In case of breach, the Bank shall take such legal action as deemed fit.
Signature & seal of authorized person
Date:
Page 31 of 47
Annexure: D
Parameter for selection of consultant
Sr.No Parameters Maximum
Marks
(Weight age)
1 Technical Parameter &
Presentation
80
2 Financial Bid 20
For example:
Three consultants namely A, B and C participated in the bid process
and their technical score are as under:
A=53, B=64,C= 57
After converting them into percentile, we get
A= (53/64)*100 = 82.81
B= (64/64)*100= 100
C= (57/64)*100= 89.06
The quoted prices for consultants are as under:
A= Rs. 7000, B=Rs. 9000, C=Rs11000
The final cost (lower cost quoted in price bid, in this case it Rs 7000) quoted by
the bidders converted into percentile score shall be as under:
A = (7000/7000)*100 = 100
B= (7000/9000)*100 = 77.77
C= (7000/11000)*100 = 63.63
As the weighage for technical parameter and cost are 80% and 20%
respectively, the final scores shall be calculated as under:
A= (82.81*0.8) + (100*0.2) = 86.24
B= (100*0.8) + (77.77*0.2) = 95.55
C= (89.06*0.8) + (63.6*0.2) = 83.96
Hence, the offer of ‘B’ (being highest scorer) would be considered.
Page 32 of 47
Annexure E
Terms of Reference
The objective of this assignment is to work with the Bank in implementation of
Goods and Services Tax (GST) as well as effective administration, monitoring and
providing support and required changes to the IT Department of the
bank/Software developers for the bank thereof so as to make the Bank as fully
GST compliant.
1.1 Scope of the Assignment:
1. Study the existing system, policies and procedures on indirect tax
structure of the Bank and submit report about impact on pricing and
margin etc.
2. Perform proper and full GAP analysis.
3. Review, analyse GST implications, identifying potential risks and make
changes in operating structure and business transactions under Indirect
Tax Structure and other KYC norms and all other documents required &
record maintained.
4. Develop suitable Management Information Systems (MIS) requirements for
full compliance with GST/IGST/SGST/UGST laws/rules/notifications.
5. Coordination with the software developers/vendors to ensure that the
software developed is in full compliance with GST/IGST/SGST
laws/rules/notifications and takes the existing data from CBS and
provides the data in the format required to be uploaded in the GSTN with
required validations.
6. Should ensure only very minimum changes in the CBS system. The
consultant should work and coordinate with the software vendor selected
to modify and customize the proposed application software package so
that Bank will comply with full GST compliance.
7. Validation of Software developed by the Bank/ the vendor to suit the
requirement of the bank for GST/IGST/SGST/UGST compliance.
8. Working with Taxation section and guiding concerned sections and wings.
9. Study all the functional departments with respect to compliance under
GST/IGST/SGST and provide the necessary changes required in the
contracts/documents etc of the respective departments including
notification to be issued to the clients / vendors / contactors / customers
/ B2B/B2C customers.
10. Designing and working with Bank in identification of transaction and the valuation of such transaction which attract GST/IGST/SGST even without
Page 33 of 47
consideration such as inter-branch transactions, Centralised function of
the Bank at HO, Centralised processing units, Clearing etc.
11. Setting the proper system for accounting of such valuation between branches and taking up of input credit on the same by the respective
branches. 12. Provide input in terms of required technological changes for capturing
required data for the purpose of compliance.
13. Advise and provide the required system to the top management for compliance under anti profiteering measures proposed under
GST/IGST/SGST.
14. Assist on transitional provisions.
15. Provide/guide/advise/review and filing of GST returns/audit requirements.
16. Providing need based training to the concerned staff at all levels including
Head office Departments, Zonal Offices and Branches and other
functionaries identified by the Bank.
17. Provide inputs for modification of user manuals to the satisfaction of the
Bank and assist in preparation of relevant Policies.
18. Assist the Bank in filing of all returns state wise, payment of the Taxes, Availment of the input credits and filing annual Returns Bank upto FY
2018-19. The Consultant shall be required to closely monitor and provide all the required inputs to Bank to this effect.
19. Provide Opinions/comment/clarification on queries raised by the
Branches/Offices.
20. Validation of monthly payment of GST/IGST/SGST and claim of input credit and filing of periodical returns etc.
21. Assistance in Audits upto FY 2018-19.
21. Work with the Bank and formulate suitable system on valuation and
taxability on various income streams such as interest charges,
commissions and all other type of services with respect to
GST/SGST/IGST.
22. Work with the Bank and formulate suitable system on valuation and
taxability of import and export of services; availment of Input tax credit of various input services utilized /goods purchased by the Bank;
23. Work with the Bank and formulate suitable system on valuation and taxability of Forex transactions/interbank transaction/actionable claims/
securities and derivative transactions/ Exchange of Foreign currencies and such other transaction required/dealt with under proposed
GST/IGST/SGST laws.
24. Work with the Bank and formulate suitable system in respect of accounting
of GST/SGST/IGST/ Output and input credit including reconciliation of
the same
Page 34 of 47
25. Guidance and review of various circulars and other notifications to the
circles/branches in respect of GST/IGST/SGST and related matters;
26. To provide any other advice to the Bank on any other GST/IGST/SGST
related issues sought by the Bank.
27. To advise the Bank in amendment of existing software or development of
new functionality or software, if required, to comply with GST and all
relevant Rules and Provisions with respect to GST including but not limited
to Place of Supply of Service Rules, Point of Taxation Rules, Valuation Rules,
etc.;
28. Put in place necessary checks to ensure integrity of data being received at
the centralized platform;
29. Guidance for developing necessary tools for review, monitoring, reporting
and compliance with reports required in GST regime.
30. To continuously review the systems and software for ensuring compliance
with GST requirements.
31. To advise the Bank about accounting system & ledgers to comply with GST
Rules;
32. Advice on the key documents and records to be maintained by the Bank,
with a view to make a transition from the present indirect tax regime to the
GST regime.
34. Reviewing the results of the User Acceptance Testing (UAT) or end user
testing to enable to comment on the degree and extent of integration into the
GST Network (GSTN) i.e the Registration, Payment, Returns and Refunds
processes instituted by the government for the GST administration.
35. Provide/Guide the necessary changes required on account of any
changes/modifications that may be brought in GST Law from time to time
till 31.03.2019 by the Government.
The contract period shall be completion of all phases as per terms of reference-
The above list is inclusive and not exhaustive i.e. Terms of reference shall
include providing professional assistance for all activities required for the
Implementation of GST in Dena Bank.
Page 35 of 47
Annexure F
Payment terms
The payment terms shall be decided with the successful bidder on mutually
agreed terms to be released in phases. The same shall be broadly decided on
the basis of achievements of various milestones as defined and agreed
between the concerned parties.
1) Time Frames will be mutually decided for overall deliverables with the
consultants considering the GST rollover requirements.
2) Bank and successful bidder will finalize the schedule of payment
matching the deliverables with time frame.
3) Any delay in the delivery will attract penalty of 1% of the payable
amount per week /part of the week.
4) Bank may terminate the services of consultant for non –compliance to
GST requirements, duly attributable to consultant and may recover the
Interest/Penalty from the consultant at sole discretion of the Bank.
5) No charges shall be payable for Travelling, Boarding /Lodging during
currency of the contract.
Page 36 of 47
Annexure G
The parameters used for technical evaluation:
S.
No
Parameter *
Part I
Max.
mark
s
Marking system
1 Standing of the Firms
Engaged in Service Tax
consultancy during the
minimum last 10 years
as on 31.12.2016, in
Banks/Financial
Institutions with a
minimum Balance Sheet
size of Rs.50, 000 cr
during the period of
contract.
20
Criteria Max Marks
For minimum 10 years of
consultancy services in Banks /
Financial Institution
10
2 marks For each additional completed year of Indirect Tax consultancy in Banks/ FIS
10
Certificate from the concerned Banks to be submitted
for evaluation
2 Adequacy of manpower to
take care of Dena Bank‟s
requirements for
successful migration
20
Criteria Max
Marks
For number of partners and full
time Professional Staff in India as
follows:
Number of Partners Maxim
um
Marks
For first 5 partners 5
For each additional 1
partners ( 1 Mark )
5
Number of
Professionally
Qualified Staff
Maxim
um
Marks
For first 5 CA Staff 2
For each additional 1 CA
(1 mark each)
2
For 2 CISA or DISA
qualified partner
1
20
For number of partners and full
time Professional staff dedicated
for Dena Bank
Criteria Max
Marks
For minimum 2
partner
2
Page 37 of 47
For minimum 2 CA
professional staff
2
For other support staff
like IT professional to
be engaged with
software development
team
1
i) “Professional Staff” means full-time staff
with minimum qualification of Chartered
Accountant and Other support staff
shall be Post graduates in Information
Technology from recognized
institution‟s/universities on the payroll
of the bidder.
ii) List of Partners and professional staff to
be engaged with Dena Bank, with their
Membership Number to be included in
Annexure B 5.
Constitution certificate from ICAI/ self-declaration
for staff to be deployed be submitted
3 Domain Knowledge and
understanding of Service
Tax /GST in Banking
and/or financial services
organization in India/
Outside India
15
Criteria Max
Marks
Association of Bidder firm with
Banks / FIs and providing them
consultancy in dealing with
their day to day Service Tax
compliances including filing and
contesting appeals before
various appellate authorities
Criteria Max
Mar
ks
For 5 such
association
10
For each additional
such association ( 1
Marks each)
5
15
Certificate from the concerned Banks to be submitted
for evaluation
4
The average revenue of
the bidder of last three
financial years ended on
31.03.2016
5
Criteria Max. Marks
For Annual Revenue Rs. 1 cr 2
Additional 1mark for additional
Revenue of Rs. 50 lacs or more
1
For Annual Profit of Rs.10 lacs 1
Page 38 of 47
Additional 1 mark for additional
Profit of Rs. 5 lacs or more
1
Audited Financial Statements for last three years to be
submitted
TOTAL - Part I 60
Part II
1 Presentation covering the
proposed implementation
plan
40 Shall be evaluated by the committee identified
for this purpose within the Bank.
TOTAL (Part I + Part II) 100
(*) Firms fulfilling all the eligibility criteria mentioned in Annexure A would only be considered for scoring given above.
Page 39 of 47
Annexure: H
PRE CONTRACT INTEGRITY PACT TO BE SUBMITTED ALONG WITH TECHNICAL BID IN A STAMPED
PAPER OF Rs. 200/-. [The Technical Bid without this agreement is liable to be rejected]
1. GENERAL
1.1. This pre-bid contract Agreement (herein after called the Integrity Pact) is made
on_____ day of the month 20____ , between, the Dena Bank, a body corporate
constituted under Banking Companies (Acquisition and transfer of undertakings),
Act 1970 having its Head office at Dena Bank, Accounts Department, Dena Bank
liable for damages and replacement costs incurred by the BUYER.
2. NOW, THEREFORE, the BUYER and the BIDDER/SELLER/
CONTRACTOR/SERVICE PROVIDER agree to enter into this pre-contract integrity agreement, hereinafter referred to as Integrity Pact, which shall form part and parcel of RFP as also the contract agreement if contracted with BIDDER, in the event that the BIDDER turns out to be successful bidder, and it is intended through this agreement to avoid all forms of corruption by following a system that is fair, transparent and free from any influence/prejudiced dealings prior to, during and subsequent to the Contract to be entered into with a view to:-
2.1. Enabling the BUYER to obtain the desired
Stores/Equipment/Work/Service/Materials at a competitive price in
conformity with the defined specifications by avoiding the high cost and the
distortionary impact of corruption on public procurement, and
2.2 Enabling BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER/SERVICE PROVIDER to refrain from bribing or indulging in any corrupt practices in order to secure the contract, by providing assurance to them that the BUYER shall not be influenced in any way by the bribery or corrupt practices emanating from or resorted to by their competitors and that all procurements shall be free from any blemish or stain of corruption and the BUYER stays committed to prevent corruption, in any form, by its officials by following transparent procedures. The parties hereto hereby agree to enter into this integrity Pact and agree as follows:
COMMITMENTS OF THE BUYER
The BUYER commits itself to the following:-
3.1. The BUYER represents that all officials of the BUYER, connected
whetherdirectly or indirectly with the procurement process are duty bound
by rules and regulations governing their service terms and conditions not
to demand, take promise for or accept, directly or through intermediaries,
any bribe, consideration, gift, reward, favour or any material or immaterial
benefit or any Other advantage from the BIDDER/SELLER / CONTRACTOR
/SERVICE PROVIDER either for themselves or for any person, organization
or third party related to the contract in exchange for an advantage in the
bidding process, bid evaluation, contracting or implementation process
related to the contract.
3.2. The BUYER will, during the pre-contract stage, treat all
BIDDERS / SELLERS / CONTRACTORS / SERVICE PROVIDERS alike, and
will provide to all BIDDERS / SELLERS / CONTRACTORS /SERVICE
PROVIDERS the same information and will not provide any such
information to any particular BIDDER / SELLER / CONTRACTOR /
SERVICE PROVIDER which could afford an advantage to that particular
BIDDER / SELLER / CONTRACTOR / SERVICE PROVIDER in comparison
to the other BIDDER / SELLER / CONTRACTOR / SERVICE PROVIDERS.
Page 41 of 47
3.3. The BUYER shall report to the appropriate Government Regulators/Authorities
any attempted or completed breaches of the above commitments as well as
any substantial suspicion of such a breach, as and when the same is
considered necessary to comply with the law in force in this regard.
In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER / SELLER/CONTRACTOR/SERVICE PROVIDER to the BUYER with the full and verifiable facts and the same Is prima facie found to be correct by the BUYER, Necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the BUYER and such a person shall he debarred from further dealings related to the contract process. In such a case, while an enquiry is being conducted by the BUYER, the proceedings under the contract would not be stalled.
4. COMMITMENTS OF BIDDER / SELLER / CONTRACTOR / SERVICE
PROVIDERS The BIDDER / SELLER / CONTRACTOR / SERVICE PROVIDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following:-
4.1. The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER will not offer,
directly or through intermediaries, any bribe, gift, consideration, reward,
favour, any material or immaterial benefit or other advantage, commission,
fees, brokerage or inducement to any official of the BUYER, connected
directly or indirectly with the biding process, or to any person,
organization or third party related to the contract in exchange for any
advantage in the bidding, evaluation, contracting and implementation of the
contract.
4.2. The BIDDER / SELLER / CONTRACTOR / SERVICE PROVIDER further
undertakes that it has not given, offered or promised to give, directly or
indirectly any bribe, gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage, or
inducement to any official of the BUYER or otherwise for procuring the
Contract or for forbearing to do or for having done any act in relation to the
obtaining or execution of the contract or any other contract with the BUYER
or for showing or forbearing to show favour or disfavour to any person in
relation to the contract or any other contract with the BUYER.
4.3. The BIDDER / SELLER / CONTRACTOR / SERVICE PROVIDER further
confirms and declares to the BUYER that the BIDDER / SELLER /
CONTRACTOR / SERVICE PROVIDER is the original Manufacturer /
Integrator / Authorized government sponsored export entity of the stores /
Authorised Service Provider having necessary authorizations, intellectual
property rights and approvals from the intellectual property right owners of
such materials/services and has not engaged any individual or firm or
company whether Indian or foreign to intercede, facilitate or in any way to
recommend to the BUYER or any of its functionaries, whether officially or
unofficially to the award of the contract to the BIDDER / SELLER /
Page 42 of 47
CONTRACTOR / SERVICE PROVIDER, nor has any amount been paid,
promised or intended to be paid to any such individual, firm or company in
respect of any such intercession, facilitation or recommendation.
4.4. The BIDDER / SELLER / CONTRACTOR / SERVICE PROVIDER, either while
presenting the bid or during pre-contract negotiations or before signing the
contract, shall disclose any payment he has made, is committed to or intends
to make to officials of the BUYER or their family members, agents, brokers or
any other intermediaries in connection with the contract and the details of
services agreed upon for such payments.
4.5 The BIDDER / SELLER / CONTRACTOR / SERVICE PROVIDER will not
collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation,
contracting and implementation of the contract
4.6. The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER will not accept
any advantage in exchange for any corrupt practice, unfair means and illegal
activities emanating from other competitors or from anyone else. 4.7. The BIDDER / SELLER / CONTRACTOR / SERVICE PROVIDER shall not
use improperly, for purpose of competition or personal gain,or pass on to others, any information provided by the BUYER as part of the business relationship, regarding plans, technical proposal and business details, including information contained in any electronic data carrier.
The BIDDER/SELLER/CONTRACTOR/SERVICEPROVIDER also undertakes
to exercise due and adequate care lest any such information is divulged.
4.8. The BIDDER / SELLER / CONTRACTOR / SERVICE PROVIDER commits to
refrain from giving any complaint directly or through any other manner
without supporting it with full and verifiable facts.
4.9. The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER shall not instigate
or cause to instigate any third person to commit any of the acts mentioned
above.
5. PREVIOUS TRANSGRESSION
5.1 The BIDDER / SELLER / CONTRACTOR / SERVICE PROVIDER declares that
no previous transgression occurred in the last three years immediately
before signing of this Integrity Pact with any other company in any country in
respect of any corrupt practices envisaged hereunder or with any Public
Sector Bank, Public Sector Enterprise/Undertaking in India or any
Government Department in India that could justify BIDDER's exclusion from
the tender process.
5.2. If the BIDDER / SELLER / CONTRACTOR / SERVICE PROVIDER makes
incorrect statement on this subject, BIDDER/SELLER/
CONTRACTOR/SERVICE PROVIDER can be disqualified from the tender/bid
process or the contract, if already awarded, can be terminated for such
reason.
Page 43 of 47
6. EARNEST MONEY (SECURITY DEPOSIT)
6.1. Every BIDDER / SELLER / CONTRACTOR / SERVICE PROVIDER while
submitting commercial bid, shall deposit an amount as specified in
RFP/Tender Documents as Earnest Money/Security, Deposit, with the BUYER
through any of the instruments as detailed in the tender documents.
The Earnest Money/Security Deposit shall be valid for a period till the complete
conclusion of the contractual obligations or for such period as mentioned in
RFP/Contract, including warranty period, whichever is later to the complete
satisfaction of BUYER.
In the case of successful BIDDER / SELLER / CONTRACTOR / SERVICE
PROVIDER, a clause would also be incorporated in the Article pertaining to
Performance Bond in the Purchase Contract that the provisions of Sanctions for
violation shall be applicable for forfeiture of Performance Bond in case of a decision
by the BUYER to forfeit the same without assigning any reason for imposing
sanction for violation of this Pact.
6.4. No interest shall be payable by the BUYER to the – BIDDER/SELLER
CONTRACTOR /SERVICE PROVIDER on Earnest Money/Security Deposit for the
period of its currency.
7. SANCTIONS FOR VIOLATIONS
7.1. Any breach of the provisions herein contained by the BIDDER / SELLER / CONTRACTOR/SERVICE PROVIDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER shall entitle the BUYER to take all or any one of the following actions, wherever required:-
i) To immediately call off pre contract negotiations without assigning any compensation to the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER. However,the proceedings with the other BIDDER/SELLER/CONTRACTOR /SERVICE PROVIDER(s) would continue.
ii) To forfeit fully or partially the Earnest Money Deposit (in pre-contract stage)
and/or Security Deposit/Performance Bond (after the contract is signed), as
decided by the BUYER and the BUYER shall not be required to assign any
reason therefor. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the iii) To immediately cancel the contract ,if already signed without giving any
compensation to the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER
(iv) To recover all sums already paid by the BUYER, and in case of the India BIDDER/SELLER/ CONTRACTOR/SERVICE PROVIDER with interest thereon at 2% higher than the prevailing Prime Lending rate of ((Name of the Bank/Financial Institution) while in case BIDDER/SELLER/ CONTRACTOR/SERVICE PROVIDER from a country other than India With Interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER /SELLER /CONTRACTOR from the BUYER in connection with any other contract such Outstanding payment could also be utilized to recover the aforesaid sum and interest. The BUYER shall also be entitled to recover the replacement costs From
Page 44 of 47
BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER .
vi) To recover from Earnest Money Deposit if Furnished by The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER, in order to recover the payments, already made by the BUYER, along with interest.
vii) To cancel all or any other contracts with The BIDDER
/SELLER/CONTRACTOR/SERVICE PROVIDER and the BIDDER/SELLER /CONTRACTOR/SERVICE PROVIDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) Due to The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER.
(vii) To debar the BIDDER / SELLER / CONTRACTOR / SERVICE PROVIDER
from participating in future of the BUYER for a minimum bidding
processes period of five years, which may be further extended at the
discretion of the BUYER
(viii) To recover all sums paid in violation of this Pact by BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER(s) to any middlemen or agent or broker with a view to securing the contract.
(ix) In cases where irrevocable Letters of Credit have been received in respect of
any contract signed by the BUYER with the BIDDER / SELLER /
CONTRACTOR / SERVICE PROVIDER, the same shall not be opened.
(x) Forfeiture of The Performance Bond in case of a decision by the BUYER to
forfeit the same without assigning any reason for imposing sanction for
violation of this Pact.
(xi) The BIDDER / SELLER / CONTRACTOR / SERVICE PROVIDER shall not
lend to or borrow any money from or enter into any monetary dealings or
transactions, directly or indirectly, with any employee of the BUYER, and if he
does so, the BUYER shall be entitled forthwith to rescind the contract and all
other contracts with the BIDDER/SELLER/CONTRACTOR/SERVICE
PROVIDER. The BIDDER/SELLER/ CONTRACTOR shall be liable to pay
compensation for any loss or damage to the BUYER resulting from such
rescission and the BUYER shall be entitled to deduct the amount so payable
from the money(s) due to The BIDDER /SELLER /CONTRACTOR
/SERVICEPROVIDER.
7.2. The BUYER will be entitled to take all or any of the actions mentioned at para
7.1 (i) to (xi) of this Pact, also in the event of commission by the BIDDER/
SELLER/CONTRACTOR/SERVICE PROVIDER or anyone employed by it or
acting on its behalf (whether with or without the knowledge of the BID0DER),
of an offence as defined In Chapter IX of the Indian Penal code, 1860 or
Prevention of Corruption Act, 1988 or any other statute enacted for prevention
of corruption.
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7.3. The decision of the BUYER to the effect that a breach of the provisions of this pact has been committed by the BIDDER/SELLER/ CONTRACTOR shall be final and conclusive on the BIDDER/SELLER /CONTRACTOR.
However,the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER can approach the Independent Externa Monitor(s) appointed for the purposes of this Pact.
8. FALL CLAUSE
8.1. The BIDDER /SELLER /CONTRACTOR / SERVICE PROVIDER undertakes that it has not supplied/is not supplying similar product/systems or subsystems/services at a price lower than that offered in the present bid to any other Bank or PSU or Government Department or to any other organization/entity whether or not constituted under any law and if it is found at any stage that similar product/systems or sub systems/ services was supplied by the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER to any other Bank or PSU or Government Department or to any other organization/entity whether or not constituted under any law, at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would he refunded by the BIDDER/SELLER /CONTRACTOR /SERVICE PROVIDER to the BUYER, if the contract has already been concluded.
9. INDEPENDENT EXTERNAL MONITORS
9.1. The BUYER has appointed two Independent External Monitors (hereinafter
referred to as Monitors) for this Pact in accordance with the recommendations
and guidelines issued by Central Vigilance Commission.
9.2. The task of the Monitors shall be to review independently and objectively,
whether and to what extent the parties comply with the obligations under this
Pact.
9.3. The Monitors shall not be subject to instructions by the representatives of the
parties and perform their functions neutrally and independently. 9.4. Both the parties accept that the Monitors have the right to access all the
documents relating to the project/procurement,including minutes of meetings. The Monitors shall on receipt of any complaint arising out of tendering process jointly examine such complaint, look into the records while conducting the investigation and submit their joint recommendations and views to the Management and Chief Executive of the BUYER. The MONITORS may also send their report directly to the CVO and the commission, in case of suspicion of serious irregularities.
9.5. As soon as any event or incident of violation of this Pact is noticed by Monitors, or Monitors have reason to believe, a violation of this Pact, they will so inform the Management of the BUYER.
9.6 The BIDDER(s) accepts that the Monitors have the right to access without
restriction to all Project /Procurement documentation of the BUYER including that provided by the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER. The BIDDER/SELLER/ CONTRACTOR /SERVICE PROVIDER will also grant the Monitors, upon their request and demonstration of a valid interest, unrestricted and unconditional access to his documentation
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pertaining to the project for which the RFP/Tender is being /has been submitted by BIDDER/SELLER/ CONTRACTOR/SERVICE PROVIDER. The same is applicable to Subcontractors. The Monitors shall be under contractual obligation to treat the information and documents of the BIDDER /Subcontractors( ) with confidentiality.
9.7. The BUYER will provide to the Monitors sufficient information about all
meetings among the parties related to the Project provided such
meetings could have an Impact on the contractual relations between
the parties. The parties may offer to the Monitors the option to
participate in such meetings.
9.8. The Monitors will submit a written report to the BUYER at the
earliest from the date of reference or intimation to him by the
BUYER/BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER and
submit proposals for correcting problematic situations.
10. FACILITATION OF INVESTIGATION
In case of any allegation of violation of any provisions of this Pact or payment of commission, the BUYER or its agencies shall be entitled to
examine all the documents including the Books of Accounts of the BIDDER/SELLER/ CONTRACTOR/SERVICE PROVIDER and the
BIDDER/SELLER / CONTRACTOR / SERVICE PROVIDER shall provide necessary information of the relevant documents and shall extend all possible help for the purpose of such examination.
11. LAW AND PLACE OF JURISDICTION
This Pact is subject to Indian Law and the place of jurisdiction is
Mumbai.
12. OTHER LEGAL ACTIONS The actions stipulated in this Integrity Pact are without prejudice to
any other legal action that may follow in accordance with the
provisions of the any other law in force relating to any civil or criminal
proceedings.
13. VALIDITY
13.1. The validity of this Integrity Pact shall be from the date of its
signing and extend up to 5 years or such longer period as mentioned in RFP/Contract or the complete execution of the contract to the
satisfaction of the BUYER whichever is later. In case BIDDER/SELLER/ CONTRACTOR/SERVICE PROVIDER is unsuccessful, this Integrity Pact shall expire after six months from
the date of the signing of the contract.
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13.2. If one or several provisions of this Pact turn out to be invalid; the
remainder of this Pact shall remain valid. In such case, the parties will
strive to come to an agreement to their original intentions.
14. The parties hereby sign this Integrity Pact at ............ on...................