NOIDA METRO RAIL CORPORATION LIMITED (NMRC) Name of Work: Internal Audit of NMRC for the period starting from 01.01.2016 till 31.03.2019 Tender No. : NMRC/Internal Audit/01/2016
NOIDA METRO RAIL CORPORATION LIMITED (NMRC)
Name of Work: Internal Audit of NMRC for the period starting from 01.01.2016 till 31.03.2019
Tender No. : NMRC/Internal Audit/01/2016
Disclaimer The information contained in this Request for Quotation (RFQ) document or information provided subsequently to the Proposers or Applicants whether verbally or in documentary form by or on behalf of NOIDA METRO RAIL CORPORATION LIMITED (NMRC) is provided to the Proposers or Applicants on terms and conditions set out in this RFQ document and all other terms and conditions subject to which such information is provided. This RFQ document is not an agreement and is not an offer or invitation by NMRC to any parties other than the applicants who are qualified to submit the Applications (Proposers”). The purpose of this RFQ documents is to provide proposers with information to assist the formulation of their respective proposals. This RFQ document does not claim to contain all the information each Proposer may require. Each Proposer should conduct its own assessment and should check the accuracy, reliability and completeness of the information in this RFQ document and where necessary obtain independent advice. NMRC makes no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of this RFQ document is concerned. NMRC may in its absolute discretion, but without being under any obligation to do so, update amend or supplement the information in this RFQ document.
INDEX PART‐A SECTION‐I NOTICE INVITING TENDERS (NIT) SECTION‐II INSTRUCTIONS TO BIDDERS (ITB) Clause No. 1.0 GENERAL Clause No. 2.0 ELIGIBLE BIDDERS Clause No. 3.0 COST OF BIDDING Clause No. 4.0 PRICE BASIS, CURRENCIES & LANGUAGE OF BID Clause No. 5.0 SIGNATURE OF BIDS & DOCUMENTARY PROOF Clause No. 6.0 CHECK LIST Clause No. 7.0 DEVIATIONS Clause No. 8.0 SUBMISSION OF BIDS Clause No. 9.0 BID VALIDITY Clause No. 10.0 ALTERNATIVE PROPOSALS BY BIDDERS Clause No. 11.0 CURRENT, FRAUDULENT, COLLUSIVE OR COERCIVE
PRACTICES. Clause No. 12.0 BID EVALUATION CRITERIA SECTION‐III GENERAL TERMS & CONDITIONS OF CONTRACT (GCC)
Clause No. 1.0 DEFINITION OF TERMS Clause No. 2.0 FIRM/CONSULTANTS AGENTS/EMPLOYEES Clause No. 3.0 AWARD OF CONTRACT Clause No. 4.0 EFFECT AND JURISDICTION OF CONTRACT Clause No. 5.0 DURATION OF CONTRACT Clause No. 6.0 TERMINATION OF CONTRACT Clause No. 7.0 TAXES, DUTIES LEVIES ETC Clause No. 8.0 EXTENSION OF TIME Clause No. 9.0 FORCE MAJEURE Clause No. 10.0 SUSPENSION OF WORK
Clause No. 11.0 PAYMENT DURING FORCE MAJEURE AND SUSPENSION OF WORK Clause No. 12.0 OBLIGATIONS OF FIRM/CONSULTANT
Clause No. 13.0 FIRM/CONSULTANTS ACTIONS REQUIRING NMRCS PRIOR APPROVAL Clause No. 14.0 DOCUMENTS PREPARED BY THE FIRM/CONSULTANT TO BE PROPERTY OF NMRC
Clause No. 15.0 OBLIGATION OF NMRC Clause No. 16.0 DURATION OF LIABILITY Clause No. 17.0 VARIATIONS Clause No. 18.0 PAYMENT TO FIRM/CONSULTANT
Clause No. 19.0 CONFLICT OF INTEREST Clause No. 20.0 DEFENCE OF SUITS Clause No. 21.0 SETTLEMENT OF DISPUTES Clause No. 22.0 COST OF TENDER FORM SECTION‐IV SPECIAL CONDITIONS OF CONTRACT (SCC) Clause No. 1.0 SCOPE OF WORK Clause No. 2.0 PAYMENT TERMS AND CONDITIONS SECTION‐V TENDER FORMS & ANNEXURES FORM I TENDER FORM FORM II DETAILS OF THE BIDDER FORM III FORM OF DECLARATION FORM IV DECLARATION OF ELIGIBILITY FORM V CONTRACT AGREEMENT ANNEXURE‐A CHECK LIST
SECTION‐I: NOTICE INVITING TENDERS (NIT)
NOIDA METRO RAIL CORPORATION LIMITED Tender Notice No. NMRC/Internal audit/2016/01
Tender consisting of Technical e‐bid and Financial e‐bid to be duly submitted online on
the e‐Procurement website http://etender.up.nic.in and NOIDA web site at e‐link on or
before the date mentioned below.
BID SUMMARY SECTION
Tender Notice No NMRC/Internal audit/2016/01
Organization Name Noida Metro Rail Corporation Limited
Department Name Finance and Accounts department
Name of Work Internal Audit of NMRC for the period starting from 01.01.2016 till 31.03.2019
Tender Notice NMRC/Internal audit/2016/01
Tender Type Online Submission
Bidder Nationality Local Competitive Bidding (LCB)
Product Internal Audit of NMRC for the period starting from 01.01.2016 till 31.03.2019
Type of Contract Single Work
Bidding Currency Indian National Rupees
Downloading of
Tender
Documents
02/03/2016 to 08/03/2016 up to 5.00 hrs. Schedule of E‐
Tender
Last date for
submission of
Technical and
Financial Bid
09/03/2016 at 11.00 AM
Physical
submission of E‐
Tender fee
The scanned copy of Demand Draft or Banker’s
Cheque must be enclosed along with the e‐Bid but
the original Demand Draft or Banker’s Cheque
should reach the office of NMRC situated at NMRC
office 3rd floor Ganga Shopping Centre Block‐III
Sector‐29, Noida before the opening of the
technical e‐Bid.
Submission of
Earnest Money
Deposit
Earnest Money should be submitted in the form of
FDR duly pledge in favour of NMRC. The scanned
copy of FDR must be enclosed along with the e‐Bid
but the original FDR should reach the office of
NMRC situated at NMRC office 3rd floor Ganga
Shopping Centre Block‐III Sector‐29, Noida before
the opening of the technical e‐Bid.
Opening of
Financial Bid
To be intimated later only for the technically
qualified bidder. NMRC will open the eligible
financial e‐bids, at NMRC office 3rd floor Ganga
Shopping Centre Block‐III Sector‐29, Noida.
Bid validity period 90 days from the date of submission of Bid
Project Duration Internal Audit of NMRC for the period starting from 01.01.2016 till 31.03.2019
Payment Details E‐tender Fee Rs 5000/‐ (Rupees Five Thousand Only) in form of
a non refundable Account Payee Demand Draft or
Bankers Cheque in favor of Noida Metro Rail
Corporation Limited, payable at New Delhi / Noida
will be non‐refundable.
General Terms &
Conditions
For participating in e‐Bid through the e‐tendering system, it is necessary
for the bidders to be the registered users of the e‐Procurement website
http:// etender.up.nic.in. The bidders must obtain a User Login Id and
Password by registering themselves with U.P. Electronics Corporation
Limited, Lucknow if they have not done so previously for registration.
Information for
online participation
OPENING OF TENDER:‐
NMRC will open all technical e‐Bids, in the presence of bidders
representatives who choose to attend at 11:00 hrs on 09/03/2016 at
NMRC office 3rd floor Ganga Shopping Centre Block‐III Sector‐29, Noida.
Only one authorized representative of each firm will be allowed to be
present.
1 Internet site address for downloading Tender will be http://
etender.up.nic.in
2 Interested bidders can view detailed tender notice and download
tender document from the above mentioned website.
3 Bidder has to register with his/her Digital Signature Certificate (DSC)
in the e‐tendering system and subsequently he/she will be allowed
to carry out his/her e‐Bid submission activities. Registering the
Digital Signature Certificate (DSC) is a onetime activity. Before
proceeding to register his/her DSC, the bidder should first log on to
the e‐tendering system using the User Login option on the home
page with the Login Id and Password with which he/ she has
registered.
4 For successful registration of DSC on e‐Procurement website
http://etender. up.nic.in the bidder must ensure that he/she should
possess Class‐2/ Class‐3 DSC issued by any certifying authorities
approved by Controller of Certifying Authorities, Government of
India, as the e‐Procurement website http:// etender.up.nic.in is
presently accepting DSCs issued by these authorities only. The
bidder can obtain User Login Id and perform DSC registration
exercise above even before e‐Bid submission date starts. NMRC
shall not be held responsible if the bidder tries to submit his/her e‐
Bid at the last moment before end date of submission but could not
submit due to DSC registration problem.
2. The bidders who wish to submit their bids for the aforesaid work shall have to
meet the Eligibility Criteria given as given in SECTION II: INSTRUCTION TO BIDDERS (ITB) Clause‐2 ELIGIBLE BIDDERS.
3. The bidder or any partner there of must have not been subjected to any
disciplinary proceedings initiated by the Institute of Chartered Accountants of India and no such proceedings should be pending as on the date of appointment.
4. In the event of the specified date for the submission of bids being declared a
holiday for the NMRC, the Bid will be received upto the specified time on the next working day.
5. At any time prior to the deadline for submission of bid, the NMRC may amend
the Tender Document by issuing corrigendum/addendum which shall be notified on NMRC website. Therefore, the bidders are advised to visit the site regularly before deadline for submission of bids.
6. Bids will be opened as per the schedule at the aforesaid venue. In case the office
happens to be closed on the date of opening of bid as specified, the same will be opened on the next working day at the same time and venue.
7. The bids, as well as all correspondence and documents relating to the
qualification exchanged by the bidders and the NMRC, shall be in the English Language.
8. NMRC reserves the right to cancel the tendering process at any time before
award of work without assigning any reasons thereof.
General manager (Finance) & CFO
Noida Metro Rail Corporation Limited 3rd floor Ganga Shopping Centre Block‐III
Sector‐29, Noida ‐201301
SECTION‐II: INSTRUCTION TO BIDDERS (ITB) 1.0 GENERAL 1.1 The Company, Noida Metro Rail Corporation Limited (NMRC) was incorporated as public limited company with the Registrar of Companies Uttar Pradesh on 5th November 2014 by New Okhla Industrial Development Authority and Greater Noida Industrial Development Authority. The company has undertaken two major projects namely Metro Rail between Noida and Greater NOIDA and City Bus Service between Noida and Greater Noida and in the cities of Noida and Greater Noida. 1.2 NMRC intent to solicit the services of a professional who will take up the Internal Audit function in accordance with the Scope of work as detailed out in “Section‐IV Special Conditions of Contract (SCC)”. 1.3 Issuances of bid documents will not automatically mean that such parties are considered qualified. NMRC shall not be responsible for loss/delay of any quotation in transit. 1.4 The bidders should note and bear in mind that the NMRC shall bear no responsibility for the lack of acquaintance of bid conditions or any information relating thereto, on their part. The consequences of the lack of any knowledge, as aforesaid, on the part of the bidder shall be at their risk and cost and no charges or claims whatsoever consequent upon the lack of any information knowledge or understanding shall be entertained or payable by the NMRC. 1.5 The set of bid (tender) documents comprises of followings documents and addenda issued : PART‐A i) Section‐I : Notice Inviting Tenders (NIT) ii) Section‐II : Instruction to Bidder (ITB) iii) Section‐III : General Terms and conditions of the Contract GCC) iv) Section‐IV : Special Conditions of Contract (SCC) v) Section‐V : Tender Forms & Annexures PART‐B PRICE SCHEDULE
2. ELIGIBLE BIRDDERS
2.1 The invitation of bid is opened to all bidders who are eligible as per the
qualifying criteria given below.
2.2. The bidder shall meet the qualifying criteria set forth to be eligible for the bid as
hereunder:
a) The Bidder must be a reputed firm of Indian Charted Accountants or LLP in
practice in India. Copy of certificate of registration issued by the Institute of Chartered
Accountants of India shall be submitted along with the Bid; and,
b) The Bidder must have H.Q./office in Delhi/NCR. Proof of registered address of
the firm be provided; and
c) The Bidder or any partner thereof must have not been subjected to any
disciplinary proceedings initiated by the Institute of Chartered Accountants of India and
no such proceedings should be pending as on the date of application; and,
d) The Bidder must have taken and completed the statutory/internal audit of public
company having paid‐up share capital of Rs. 200.00 crore or more for minimum one
financial year during last three financial years.
e) Average minimum turnover of the bidder during last three years not be less than
Rs. 50.00 lacs. Copies of audited financial statement for Financial year 2012‐13, 2013‐14
and 2014‐15 should be enclosed as proof of turnover and,
f) The Bidder must have minimum experience of 15 year; and,
g) The Principal Partner/ sole proprietor of the firm must have at least 15 years of
experience.
h) Each bidder must produce:
(a) The Service Tax registration no., PAN No., Registration certificate issued from the
appropriate Govt./agency for the Partnership firm.
(b) A declaration that the information furnished with the bid documents is correct in
all respects in form iii, and
2.‐3 Supportive documentary proof is to be attached herewith as per Annexure‐C
3. COST OF BIDDING :
The Bidder shall bear all costs associated with the preparation and submission of its bid,
including any negotiations with or visits to the NMRC, and the NMRC shall not be
responsible or liable for those costs, regardless of the conduct or outcome of the
bidding process.
4. PRICE BASIS, CURRENCIES & LANGUAGE OF BID
4.1 The bidder shall quote in ‘Part‐B‐ Price schedule’ for the entire Scope of work as
detailed out in CLAUSE 1.0 of “Section IV‐ Special Conditions of Contract (SCC)”. Bids
based on a system of pricing other than that specified shall be rejected. The bid prices
shall be in Indian rupees only. Rates are to be quoted both in figures and words. In case
of any discrepancy in rates between figures and words, the rates quoted in words will
prevail over rates quoted in figure. All information in the bid shall be in English. Failure
to comply with these requirements will render the bid liable for rejection.
4.2 No additional payment will be admissible on any account. However, service tax
on fees as applicable shall be paid extra.
5. Signatures of bids & Documentary proof
The bid must contain the full name, designation and complete address of place of
business of the person(s) signing the bid. Satisfactory evidence of authority of the
person signing on behalf of the Bidder should be furnished in the tender form.
6. Check –List
The bidders are requested to duly fill in the checklist as per Annexure‐C. The checklist is
only a reminder of certain important items, to facilitate the Bidder. This, however, does
not relieve the bidder of its responsibility to make sure that his proposal is otherwise
complete in all respects.
7. Deviations
The firm/Consultant must comply with the tender specification and all terms and
conditions of contract. No deviation shall be entertained.
8. Submission of e‐Bid
a. The Bid Submission module of e‐Procurement website http://etender.up.nic.in
enables the bidders to submit the e‐Bid online in response to this e‐tender
published by NMRC. Bid Submission can be done only from the Bid Submission start
date and time till the Bid Submission end date and time given in the e‐tender.
Bidders should start the Bid Submission process well in advance so that they can
submit their e‐Bid in time. The bidders should submit their e‐Bid considering the
server time displayed in the e‐Procurement website. This server time is the time by
which the e‐Bid submission activity will be allowed till the permissible time on the
last/end date of submission indicated in the e‐tender schedule. Once the e‐Bid
submission date and time is over, the bidders cannot submit their e‐Bid. For delay in
submission of e‐Bid due to any reasons, the bidders shall only be held responsible.
b. The bidders have to follow the following instructions for submission of their e‐Bid:
i. For participating in e‐Bid through the e‐tendering system, it is necessary for the
bidders to be the registered users of the e‐Procurement website http://
etender.up.nic.in. The bidders must obtain a User Login Id and Password by
registering themselves with U.P. Electronics Corporation Limited, Lucknow if
they have not done so previously for registration.
ii. In addition to the normal registration, the bidder has to register with his/her
Digital Signature Certificate (DSC) in the e‐tendering system and subsequently
he/she will be allowed to carry out his/her e‐Bid submission activities.
Registering the Digital Signature Certificate (DSC) is a onetime activity. Before
proceeding to register his/her DSC, the bidder should first log on to the e‐
tendering system using the User Login option on the home page with the Login
Id and Password with which he/ she has registered.
iii. For successful registration of DSC on e‐Procurement website http://etender.
up.nic.in the bidder must ensure that he/she should possess Class‐2/ Class‐3
DSC issued by any certifying authorities approved by Controller of Certifying
Authorities, Government of India, as the e‐Procurement website http://
etender.up.nic.in is presently accepting DSCs issued by these authorities only.
The bidder can obtain User Login Id and perform DSC registration exercise
above even before e‐Bid submission date starts. NMRC shall not be held
responsible if the bidder tries to submit his/her e‐Bid at the last moment before
end date of submission but could not submit due to DSC registration problem
iv. The bidder can search for active tenders through "Search Active tenders" link,
select a tender in which he/she is interested in and then move it to ‘My Tenders’
folder using the options available in the e‐Bid Submission menu. After selecting
and viewing the tender, for which the bidder intends to e‐Bid, from "My
Tenders" folder, the bidder can place his/her e‐Bid by clicking "Pay Offline"
option available at the end of the view tender details form. Before this, the
bidder should download the e‐tender document and Price Schedule/Bill of
Quantity (BOQ) and study them carefully. The bidder should keep all the
documents ready as per the requirements of e‐tender document in the PDF
format except the Price Schedule/Bill of Quantity (BOQ) which should be in the
XLS format (Excel sheet).
v. After clicking the ‘Pay Offline’ option, the bidder will be redirected to the Terms
and Conditions page. The bidder should read the Terms & Conditions before
proceeding to fill in the Tender Fee and EMD offline payment details. After
entering and saving the Tender Fee and EMD details, the bidder should click
"Encrypt & Upload" option given in the offline payment details form so that "Bid
Document Preparation and Submission" window appears to upload the
documents as per Technical (Fee details, Qualification details, e‐Bid Form and
Technical Specification details) and financial (e‐Bid Form and Price
Schedule/BOQ) schedules/packets given in the tender details. The details of the
Demand Draft or any other accepted instrument which is to be physically sent in
original before opening of technical e‐Bid, should tally with the details available
in the scanned copy and the data entered during e‐Bid submission time
otherwise the e‐Bid submitted will not be accepted.
vi. Next the bidder should upload the Technical e‐Bid documents for Fee details (e‐
tender fee and EMD), Qualification details. Before uploading, the bidder has to
select the relevant Digital Signature Certificate. He may be prompted to enter
the Digital Signature Certificate password, if necessary. For uploading, the
bidder should click "Browse" button against each document label in Technical
and Financial schedules/packets and then upload the relevant PDF/XLS files
already prepared and stored in the bidder's computer. The required documents
for each document label of Technical (Fee details, Qualification details, e‐Bid
Form and Technical Specification details) and financial (e‐Bid Form and Price
Schedule/BOQ) schedules/packets can be clubbed together to make single
different files for each label.
vii. The bidder should click "Encrypt" next for successfully encrypting and uploading
of required documents. During the above process, the e‐Bid documents are
digitally signed using the DSC of the bidder and then the documents are
encrypted/locked electronically with the DSC’s of the bid openers to ensure that
the e‐Bid documents are protected, stored and opened by concerned bid
openers only.
viii. After successful submission of e‐Bid document, a page giving the summary of e‐
Bid submission will be displayed confirming end of e‐Bid submission process.
The bidder can take a printout of the bid summary using the "Print" option
available in the window as an acknowledgement for future reference.
ix. NMRC reserves the right to cancel any or all e‐Bids without assigning any
reason.
x. The bidders are required to upload all the technical forms given in the RFP as
part of the Technical Bids.
9. BID VALIDITY
The bid shall remain valid for a period of 90 Days from the date of opening.
NMRC will make its best effort to complete the award within the proposal’s validity
period. However, should the need arise, the NMRC may request, in writing, all bidders
who submitted bid prior to the submission deadline to extend the bid’s validity.
10. ALTERNATIVE PROPOSALS BY BIDDERS
Bidders shall submit offers that comply with the requirements of the bidding
documents, including the ‘Part B‐Price Schedule’. Alternative proposals will be rejected
as non‐responsive.
11. CORRUPT, FRAUDULENT, COLLUSIVE OR COERCIVE PRACTICES
It is expected from the bidders that they will observe the highest standard of ethics
during the bidding and currency of the contracts.
12. BID EVALUATION CRITERIA
12.1 During bid evaluation, the NMRC may, at its discretion, ask any bidder for a
clarification of its bid which shall be submitted within a stated reasonable period of
time. The request for clarification and response shall be in writing.
12.2 If a bidder does not provide clarifications of the information requested by the
date and time set in the NMRC’s request for clarification, its bid may be rejected.
Section III: GENERAL TERMS AND CONDITIONS OF CONTRACT (GCC)
• DEFINITION OF TERMS
• “Contract Price” shall mean this bid (tender) document and minutes of
clarifications to the extent they have been accepted by NMRC prior to the
award of the contract and contract agreement. A Performa of the
agreement to be executed between NMRC and the Firm/Consultant is
given in FORM V in Section V.
• “Contract Price” is a Lump Sum amount as stated in Letter of Award.
• “NMRC” shall mean the NMRC.
• “Firm/Consultant” shall mean the bidder whose bid will be accepted by
NMRC and shall include such successful bidder’s legal representatives,
successors and permitted assigns, from time to time for the purpose of
the contract.
• “Letter of Award (LOA)” shall mean the official notice issued by the
NMRC notifying the Firm/Consultant that his proposal has been accepted.
• “NCR Area” means Delhi, Noida, Greater Noida, Ghaziabad.
• “Officer in charge” shall mean NMRC officer dealing with the
Performance and operations of the contract.
• FIRM/CONSULTANT’S AGENTS’ EMPLOYEES
• No other person except firm’s /Consultant’s authorized representative
shall be allowed into NMRC premises and they shall not do any
private work other than their normal duties.
2.2 firm’s /Consultant’s shall be directly responsible for any/all disputes
arising between him and his personnel and keep NMRC indemnified against all
losses, damages and claims thereof.
2.3 The personnel engaged by the Firm/Consultant shall be on the duty of
the firm/Consultant and under no circumstances shall be deemed to be on the
NMRC duty. NMRC shall have no relationship of Master and Servant or principal
and Agent or nexus of any kind whatsoever with such staff deployed by the
firm/Consultant. Such staff shall not be entitled to claim any right, privilege or
benefit from NMRC and in the event of any such claim, the Firm/Consultant
undertakes to indemnify NMRC for any loss or damage, financial or otherwise.
2.4 The personnel engaged by the firm/Consultant shall be subject to security
staff while entering/leaving the premises. Such personnel shall have to abide by
the instructions of the security staff and other officers of NMRC authorized in
this behalf. Failure to faithfully follow instruction would be deemed infringement
of tender conditions.
3.0 AWARD OF CONTRACT
3.1 NMRC will intimate the award of work in writing to the successful bidder by
issuing letter of acceptance award accepting the proposal of the bidder. The contract
will be awarded to the eligible and responsive bidder . and NMRC shall be the sole judge
in this regard.
3.2 NMRC reserves the right of rejecting/accepting either whole or any part of the
proposal. The firm/Consultant shall be fully responsible and shall be bound to perform
the job allocated to him at his quoted rates and terms and conditions that have been
accepted by Firm/Consultant.
4.0 EFFECT AND JURISDICTION OF CONTRACT
4.1 The contract shall be considered as having come into force the date of issue of
Letter of Acceptance/Award by NMRC.
4.2 The laws applicable to this contract shall be laws in force in India. The Courts of
Gautam Buddha Nagar shall have exclusive jurisdiction in all matters arising out of and
under this contract.
5.0 DURATION OF CONTRACT
The duration of the contract for work to be undertaken by the Firm/Consultant will be
for starting from 01.01.2016 till 31.03.2019, starting from the date of issue of letter of a
Award by NMRC. The audit will be completed on submission and acceptance by Audit
Committee of Audit Report.
6.0 TERMINATION OF CONTRACT.
6.1 If at any time either party makes any material default in proceeding with the
work with due diligence and continues to do so even after the notice in writing is served
on him or commits any default in complying with any of the terms and conditions even
after the notice in writing is given on that behalf by the Officer‐in‐charge. The other
party may, without prejudice to any other right or remedy which shall have accrued or
shall accure therafter by written notice, terminate the contract as a whole or a part of
the Contract.
6.2 Either party may terminate this contract by not less than thirty (30) days’ written
notice of termination to the other party.
7.0 Taxes, Duties, Levies Etc.
The Bidders shall be registered with the Commissioner of Central Excise for the purpose
of service‐tax and shall furnish a copy of the registration certificate along with the bid
documents. Firm/consultant shall pay all income tax, surcharge on income tax and any
other tax. Further, the firm/Consultant shall be liable and fully responsible for payment
of all Indian duties, levies, VAT and any other taxes attracted/assessed on them under
the provisions of the Indian laws. NMRC shall not bear any tax liability under any
circumstances whatsoever except service tax . NMRC shall deduct income tax or any
other tax at source from all the payments to be made to the firm/ consultant in
accordance with the provision of Indian tax laws, as applicable from time to time, and
deposit the same to the concerned Govt. Authorities. Documentary evidence towards
having paid the taxes to the Govt. shall have to be produced by the Firm/Consultant, if
so required by NMRC.
8.0 EXTENSION OF TIME
Extension of time for the delay not attributable to the Firm/Consultant can be
considered by the officer in charge of the NMRC.
9.0 FORCE MAJEURE
9.1 For the purposes of this Contract, “Force Majeure” means an event which is
beyond the reasonable control of a Party, and which markes a Party’s performance of its
obligations under the Contract impossible or so impractical as to be considered
impossible under the circumstances.
9.2 The failure of a Party to fulfuill any of obligations under the contract shall not be
considered to be a breach of, or default under this contract insofar as such inability
arises from an event of force majeure, provided that the Party affected by such an event
(a) has taken all reasonable precautions, due care and reasonable alternative measures
in order to carry out the terms and conditions of this Contract, and (b) has informed the
other Party as soon as possible about the occurrence of such an event.
10.0 SUSPENSION OF WORK
The firm/Consultant shall on the order of the officer‐in charge suspend the progress of
the works or any part thereof for such time or time and in such manner as the Officer‐
in‐Charge may consider necessary. The firm/Consultant has no right to suspend the
work at any stage unilaterally.
11.0 PAYMENTS DURING THE FORCE MAJEURE OR SUSPENSION OF WORK.
11.1 During the period of their inability to perform the Services as a result of an event
of force majeure under clause 9.0 or Suspension of work under clause 10.0, the
firm/Consultants shall be entitled for compensation as may considered reasonable by
the officer‐in‐charge in respect of salaries or wages paid only by the firm/Consultant to
his such employees who are exclusively retained for the NMRC’s work during the
periods of such force majeure and suspension. In case employee(s) of firm/consultant
are engaged partially for the NMRC’s work, the wages or salaries shall be reduced
proportionally as decided by the officer‐in‐charge. Firm/consultant shall not be entitled
for payment for such employee(s) who are diverted to perform other work during the
periods of such force majeure and suspension.
12.0 Obligation of the firm/consultant
12.1 The firm/consultants shall perform the services set out in the scope of work in
accordance with the timetable set out in special conditions of contract (SCC).
Firm/Consultant shall notify the NMRC in writing within 10 working days if the
firm/consultant thinks any other circumstance is a variation. The notice shall include
details of the estimated cost of the services, likely or estimated impact on the
programme and completion date for the services and make recommendations on how
to proceed.
12.2 The firm/Consultant undertakes to perform the Services with the highest
standards of professional and ethical competence and integrity. The firm/consulant shall
promptly replace any employees assigned under this contract that the NMRC considers
unsatisfactory.
12.3 The firm/Consultants and his personnel shall not, either during the term or
within two (2) years after the expiration of this contract, disclose any proprietary or
confidential information relating to the project, the services, this contract or the
NMRC’s business or operations without the prior written consent of the NMRC.
13.0 Firm/Consultant’s actions requiring NMRC’s prior approval
In exceptional circumstances, NMRC may allow taking up of part services through an
expert or sub consultant. The firm/consultant shall obtain the NMRC’s prior approval in
writing before taking such action.
14.0 Documents prepared by the firm/consultants to be the property of the NMRC.
Any studies, reports or other material, graphic, software or otherwise, prepared by the
firm/consultant for the NMRC under the contract shall belong to and remain the
property of the NMRC. The firm/consultant may retain a copy of such documents and
software.
15.0 Obligations of the NMRC
The NMRC shall provide necessary space and information required to fulfill the
firm/consultant’s obligations under the scope of work.
16.0 Duration of liability
Neither party shall be liable for any loss or damage occurring after the completion of the
services.
17.0 VARIATIONS
17.1 The NMRC may order a Variation to the Services, in writing, or may ask the Firm
/ Consultant to propose a Variation to the Services, the impact of which on the
cost, programme and completion date for the Services shall be agreed as stated
above in Clause 12.0.
17.2 Where the Firm / Consultant notifies the NMRC under clause 17.0 that any
direction or circumstance should be treated as a Variation, the NMRC shall as
soon as practicable after receiving such notice, but within 30 Working Days,
notify the Firm / Consultant in writing whether or not it considers the direction
or other circumstances to be a Variation.
17.3 If the NMRC does not consider the direction or other circumstance to be a
Variation then the NMRC and Firm / Consultant shall attempt to resolve the
matter as soon as practicable, and if a Variation entitlement is agreed, proceed
as in Sub‐clause 17.4.
17.4 The NMRC and the Firm / Consultant shall agree, in writing, the value of the
Variation and its impact on the programme and completion date for the Services,
or the mechanism under which the value and impact on the programme and
completion date for the Services will be derived.
17.5 Where practicable the value of the Variation and impact on the programme and
completion date for the Services shall be agreed between the parties prior to the
Variation works progressing.
17.6 In the event that the Parties are unable to reach agreement on the value and
impact on the programme and completion date for the Services, the matter shall
be treated as a dispute and resolved in
accordance with clause 21.0. Under no circumstances, the Firm / Consultant
shall suspend the work on account of non‐settlement of issues between the
parties (i.e. NMRC & Firm / Consultant).
18.0 PAYMENT TO THE FIRM / CONSULTANT
The Firm / Consultant’s total remuneration shall not exceed the Contract Price
and will be released in accordance with the Clause 20‐Payment terms &
conditions of Section IV Special conditions of Contract (SCC), and there shall be
no other payment. Firm / Consultant shall be solely responsible for payment of
wages / salaries and allowances to his personnel that are payable or might
become payable under any new Act or order of Government and also comply
with all the statutory laws / acts i.e. PF, ESI etc. relating to their employees,
NMRC shall have no liability, whatsoever, in this regard.
19.0 CONFLICT OF INTEREST.
The Firm / Consultant and its affiliates shall not engage in consulting activities
that conflict with the interest of the NMRC under the contract.
20.0 DEFENCE OF SUITS.
If any action in court is brought by a third party against NMRC or an officer or
agent of the NMRC for the failure or neglect on the part of the Firm / Consultant
to perform any acts, matter, covenants or things under the contract, of for any
damage or injury caused by the alleged omission or negligence on the part of the
Firm / Consultant, his agents / representatives or his sub‐Firm / Consultants,
drivers or employees, the Firm / Consultant shall in all such cases be responsible
and indemnify and keep NMRC and / or his representative harmless from all
losses, damages, expenses or decrees arising out of such action.
21.0 SETTLEMENT OF DISPUTES.
21.1 A notice of the existence of any dispute or difference in connection with this
Contract, shall be served by either party within 30 days from the date of
existence of such dispute or difference or after the attempt by the parties to the
Contract for amicable settlement as per clause 21.2 has failed, whichever is later,
failing which all rights and claims under this Contract shall be deemed to have
been forfeited and absolutely barred.
21.2 No dispute or difference arising between the parties relating to or in connection
with the Contract shall be referred to arbitration unless an attempt has first been
made to settle the same amicably.
21.3 Notwithstanding any dispute between the parties, the Firm / Consultant shall
not be entitled to withhold, delay or defer its obligation, under the contract, and
the same shall be carried out strictly in accordance with the terms and
conditions of contract.
21.4 All questions, disputes or differences arising between the Firm / Consultant and
the NMRC, in relation to or in connection with the Contract shall be referred to
arbitration in the manner provided as provided in Arbitration and reconciliation
act 1996 and its subsequent amendments.
21.4.1 The language of the arbitration proceedings and that of all documents and
communications between the parties shall be English. The arbitration award
shall be written speaking award.
21.4.2 The cost and expenses of Arbitration proceedings, the expenses incurred by each
party in connection with the preparation, presentation etc. of its proceedings
shall be borne by each party itself. Fee of the sole arbitrator including clerkage
charges & TA / DA if applicable shall be equally borne by the NMRC and the Firm
/ consultant.
21.4.3 Performance under the Contract shall continue during the arbitration
proceedings and payments due to the firm/consultant by the NMRC shall not be
withheld, unless they are the subject matter of the arbitration proceedings.
22.0 COST OF TENDER FORM
The bidder is required to pay Rs.5,000/‐ (Rupees One Thousand Only) as cost of
Tender Form. the fee shall be paid by way of demand draft in the favor of
NMRC….. Payable at NOIDA. This fee shall be nonrefundable.
SECTION IV: SPECIAL CONDITIONS OF CONTRACT (SCC)
• SCOPE OF WORK OF INTERNAL AUDIT
• Period & Frequency of Audit: the appointment of the Audit Firm will be for the
period starting from 01‐01‐2016 to 31‐03‐2029. Internal Audit at corporate
office shall be conducted in 4 phases. Phase‐I covering January to March, Phase‐
II covering April to June, Phase‐III covering July to September and Phase‐IV
covering October to December). The commencement of Phase‐I audit will be on
/ around 1st May, Phase‐II audit will be on / around 1st February and the reports
for Phase‐I, II, III & IV are to be submitted by 15th of the month following the
month of start of the Audit.
• Planning: The Internal Auditor should develop and document a plan for each
Internal Audit engagement to help him, conduct the engagement in an efficient
and timely manner and as per the pronouncement of the Institute of Chartered
Accountants of India. the firm shall provide the auit schedule well in advance (at
least one week before start of audit) for proper arrangements for audit.
• Key Objectives:
The key objectives of the Internal Audit include:‐
• To ensure voucher / evidence based payments to improve transparency.
• To ensure accuracy and timeliness in maintenance of books of accounts
and financial reporting.
• To ensure adequacy and accuracy of periodical financial statements.
• To ensure compliance with laid down systems, procedures and policies.
• To assess, establish & improve efficiency of operations and overall
internal control systems for prevention of frauds.
• To confirm on the reliability and integrity of financial and operational
information.
• To shorten the interval between transaction and its examination by an
independent person not involved in its documentation.
• To perform substantive checking in key areas and on the spot
rectification of deficiencies to prevent the incidence of serious errors and
fraudulent manipulations.
• To supplement the efforts of the organization in carrying out
simultaneous internal checks of the transactions and compliance with the
laid down systems and procedures of the organization.
• To confirm on the safeguarding of assets and overall gross block.
• To confirm on managements compliance with laws, regulations and
contracts.
• Additional objectives, if any, as would be deemed fit by the management.
• Scope of Work:
The responsibilities of the Internal Auditors shall include reporting on the
adequacy of internal controls, the accuracy and propriety of transactions, the
extent to which assets are accounted for and safeguarded, the leval of
compliance with financial norms and procedures for the operational guidelines.
• Internal Audit (Quarterly)
• Verify the adequacy and accuracy of accounting, financial controls
including application of accounting standard.
• Verification of authorization policy, budgeting of Capex, 100% capital
expenditure vouchers with procedure, approvals, progress reports etc.
• Verification of investments and interest paid or accrual thereon.
• Verification of Bank Reconciliation Statements and financial statements.
• Verification of latest trial balance available at the time of Audit.
• Verification of 100% income & expenses vouchers, bills for services
rendered to ensure of statutory compliances like TDS (salary & others),
Service Tax, Provident Fund and proper accounting collection and
authorization along with supporting.
• Verification of Transactions properly recorded, documented and
vouched.
• Verification of Revenue Leakage if any.
• Review and analysis of the Age wise and Party wise Advances Report.
• Spot rectification of the irregularities and implementation of system and
procedure.
• Verification of Legal and Taxation Matters.
• Verification of other employee benefit related matters.
• Verification of HR & Administration related processes and decisions.
• Provide suggestions on Finance, HR and Administration for improvement.
• Certification of the Statement of Expenditure on monthly basis.
• Carry out Compliance audit of pending observations and to issue
Compliance Certificate thereon, on Quarterly basis.
• Physical verification of Assets. (Annually)
• Physical verification of all the assets installed at various locations of
NMRC.
• Reconciliation of amount with Books of Account.
• Verification of Insurance of Fixed Assets.
• Management Audit (Annually)
• Carry out Management Audit on Admin. Board Secretariat, Finance, HR &
Procurement and submission of related reports.
• Review of budgeting activities, Capex, MIS Reports, Systems and
compliance of Internal Policies and Procedures. (in detail)
• Review investment management and treasury operations related
decisions, process & policies and provide assurance on laid down
procedures and policies.
• Review the RFQ Procedure & Processes.
• Review the relevant Agreements, transactions, documents and other
records maintained.
• Verification of services outsourced and related documentations.
• Ensure compliance with Indian Contract Act, 1872.
• Ensure Compliance with Companies Act, 2013.
• Ensure Compliance with Indian Accounting Standards.
• Ensure correct reporting as required under Income Tax Act, 1961.
• Suggesting cost savings measures.
• Value addition with timely and practical recommendations.
• Highlighting deviations and suggesting areas of improvement.
• Carry out the compliance audit on pending issued.
• RFQ/RFP Audit (as per requirement.
• End to end verification of RFQ / RFP process and procedure followed for
the floated RFQs / RFPs.
• End to end verification of Procurement process of any expenditure more
that 1 crore.
• Regulatory Compliances (Annually)
• Review the regulatory compliance framework and provide suggestions on
post review.
• Verification of compliances on Regulatory Compliance activities.
• Reporting Requirements:
• The Reports will be addressed to the Executive Director, Noida Metro Rail
Corporation Limited.
• Observation on the works covered under para 1.4.A above shall be
reported by way of quarterly report.
• Observations on the works covered under para 1.4.B, 1.4.C, 1.4.D and
1.4.E shall be reported in the annual report.
• Audit Term
Auditors should deploy a suitable team for undertaking the audit, after a thorough
perusal of the requirements of the appointment letter, terms & conditions contained
therein, ensuring that the size of the audit team is commensurate with the size of the
audit unit and the volume of work involved.
The Internal Audit department at Corporate Office and Head of Finance of the Unit will
coordinate with the Audit team for smooth functioning of the audit.
It should be ensured that the audit team is headed at all times by a Chartered
Accountant (who may be a Partner) and prior experience of auditing on the Tally / SAP‐
ERP platform and should consist of at least two semi qualified assistants or Article
Assistants.
• PAYMENT TERMS & CONDITIONS
Payment schedule for the Internal Audit Fee quoted by the bidder shall be as under:
Bills for each quarterly audit shall be submitted only after completion of the Audit and
submission of Quarterly Audit Report to the Management. NMRC shall make payment
within 7 days of receipt of bill.
SECTION V: PROPOSAL FORMS AND ANNEXURES
FORM I
TENDER FORM
To The General Manager (Finance) Noida Metro Rail Corporation Limited, Second Floor, Ganga Shopping Centre, Block‐III, Sector‐29, NOIDA. Sub: Proposal for the work ‘Internal Audit of NMRC for the period starting from 01‐01‐2016 till 31‐03‐2019’. Dear Sir, • I / We, hereinafter called “The Bidder”, have read and examined the following
tender documents relating to the work “Internal Audit of NMRC for the period
starting from 01‐01‐2016 till 31‐03‐2019”.
PART‐A
• Section‐I: Notice Inviting Tenders (NIT);
• Section‐II: Instruction to Bidder (ITB);
• Section‐III: General Terms and Conditions of the Contract (GCC)
• Section‐IV: Special Conditions of Contract (SCC)
• Section‐V: Tender forms & Annexures
PART‐B
2. I / We hereby tender for execution of the Services referred to in the documents
mentioned in Paragraph‐1 above upon the terms and conditions contained or
referred to in the aforesaid documents and in accordance in all respects with
the specifications, designs, drawings and other details given herein and at the
rates contained in “PART‐B, Price Schedule” and within the period (s) of
completion as given in GCC and subject to such terms and conditions as
stipulated in the contract.
3. I / We agree to keep the tender open for acceptance for a period of 90 days
from the date of opening of bid. I / We hereby further undertake that during
the said period I / we shall not vary / alter or revoke my / our bid.
4. Should this tender be accepted, I / we agree to abide by and fulfill all the terms
and conditions and provisions of the above mentioned tender documents.
5. I / We certify that the Tender submitted by us is strictly in accordance with the
terms, conditions, specifications etc. as contained in your Tender Documents,
referred to in Paragraph‐1 above, and it does not contain any deviations to the
aforesaid documents. It is further certified that information furnished in the
Tender submitted by us is correct to the best of our knowledge and belief.
6. Unless and until a formal agreement is prepared and executed, this offer
together with your written acceptance thereof shall constitute a binding
contract between us. I / We understand that NMRC is not bound to accept the
lowest or any offer it may receive. If our offer is accepted, we undertake to
complete the whole / or part portions of the work as awarded to us within the
time stated herein.
7. The particular of our Organization & other relevant details as per the
requirement of bid documents are enclosed.
(Signature of person duly authorized to sign the Tender on behalf of the Bidder along
with seal of bidder).
Name ________________________ Signature ______________________ Designation _____________ Date __________________________ Name of Bidder __________
FORM II
DETAILS OF THE BIDDER
• Name of the Firm:
• Registration No. of the Firm:
• Date of Registration of the Firm:
• Details of Head Office & Branch Office(s):
Head Office:
Address Date of establishment Contact No(s)/Fax E‐mail
Branch Office 1
Address Date of establishment Contact No(s)/Fax E‐mail
• Details of Partners in the Firm / Limited Liability Partnership:
Sl. No.
Name of Partner Membership No. Membership Status ACA/FCA
Date of joining the firm as Partner
1.
2.
3.
• Details of Qualified Assistants:‐
Sl. No.
Name of Partner
Membership No. Membership Status ACA/ACMA/FCA/FCMA/CISA
Date of joining the firm as Partner
1.
2.
• Details of Semi‐Qualified Assistants:‐
Sl. No.
Name of the Assistant Whether Cost/Chartered Intermediate
Date of joining the firm as a Semi‐Qualified Assistant
1.
2.
• Details of Audit of Public Companies having paid‐up Share capital INR 200.00
crore or more
Sl. No.
Name of the Company/Unit Year of Audit Type of Audit‐whether Statutory or Internal Audit
1.
2.
10. Details of working experience with any Government’s Undertaking/Unit.
Sl. No.
Name of the Undertaking/Unit Period Type of Assignments
1.
2.
11. income Tax PAN No. of the Firm:
12. Service Tax Registration No. :
Signature of Partner with
Name & Seal of the Audit Firm.
FORM III
FORM OF DECLARATION
M/s______________________________having its Registered office
at______________________________________(hereinafter referred to as ‘the Bidder)
having carefully studied all the Bid documents relating to the “Internal Audit of NMRC
for the period starting from 01‐01‐2016 till 31.03‐2019”,
DO HEREBY DECLARE THAT:
• The Bidder is familiar with all the requirements of the Contract.
• The Bidder has not been influenced by any statement or promise of any person
of the NMRC but only the Contract Documents.
• The Bidder is financially solvent.
• The Bidder is experienced and competent to perform the Contract to the
satisfaction of NMRC.
• The Bidder is familiar with all general and special laws, acts, ordinances, rules
and regulation of the Municipalities, District, State and Central Government of
India that may affect the work, its performance or personnel employed therein.
• The statement submitted by the Bidder is true and correct.
For and on behalf of the Bidder
Sd/‐
Dated:
(To be Signed by Power of Attorney Holder)
FORM IV
Declaration of Ineligibility
(By the Bidder)
I, We, M/s___________________________________hereby certify that the bidder or
no partner thereof have been subjected to any disciplinary proceedings initiated by the
Institute of Chartered Accountants of India and no such proceedings are pending as on
the date of application.
(Seal & Signature of the Bidder)
FORM V
CONTRACT AGREEMENT
Name of the Work: “Internal Audit of NMRC for the period starting from 01‐01‐2016
till 31‐03‐2019”
This contract agreement is made on the_______Day of________2016, between, on the
one hand, Noida Metro Rail Corporation Limited (hereinafter called the “NMRC”)
through its authorized signatory, General Manager (Finance)/CFO, which expression
shall unless excluded by or repugnant to the subject or context include their successors
in office and assigns of the ONE PART and, on the other hand,
M/S______________(hereinafter called the “Firm/Consultant”) which expression shall
unless excluded by or repugnant to the subject or context include their heirs, executors,
administrators, legal representatives and assingns of the SECOND PART.
WHEREAS
• The NMRC has requested the Firm/consultant to provide certain consulting
services as defined in this contract (hereinafter called the “Services”).
• The firm/Consultant, having represented to the NMRC that it has the
required professional skills, expertise and technical resources, has agreed to
provide the Services on the terms and conditions set forth in this Contract.
NOW THEREFORE the parties hereto hereby agrees as follows:
• The following documents attached hereto shall be deemed to form an integral
part of this Contract and the parties hereby agree to abide with them .
• Letter of Award:
• Bid Document (Tender Document) as referred to in clause 1.5 of Section II‐
Instruction to Bidders (ITB) and any amendment / corrigendum issued in
relation thereto.
• The final contract price for the assignment shall be
Rs.________(Rupees________________) However, service tax on fees as applicable
shall be paid extra.
• The mutual rights and obligations of the NMRC and the Firm/Consultant shall be as
set forth in the Contract, in particular:
• the firm/Consultant shall carry out the Services in accordance with the
provisions of the Contract and
• the NMRC shall make payments to the Firm/Consultant in accordance with
the provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in
their respective names as of the day and year first above written.
For and on behalf of
NOIDA METRO RAIL CORPORATION
And on behalf of “Firm/Consultant”
Partner
ANNEXURE‐A CHECKLIST
Bidders Name……………………………………………
SNo. Items Description Enclosed
1. Tender Form in original (duly signed & stamped) YES/NO
2. Details of Bidder in Form II YES/NO
3. Duly signed Form III YES/NO
4. Duly signed Form IV YES/NO
5. Duly filled Form V YES/NO
6. Firm certificate of registration issued by the Institute of Chartered Accountants of India
YES/NO
7. Proof of registered address of firm YES/NO
8. Copy of letter of award issued by the NMRC to be submitted as proof of satisfactory for Statutory Audit of Public Companies having paid UP Share capital 200.00 crore or more.
YES/NO
9. Copy of letter of award issued by the any Govt. Undertaking/Authorities/Unit to be submitted as proof of satisfactory of working experience with any Government’s Undertaking/Authorities/Unit.
YES/NO
10. Copy of Service Tax Return for last three F/Y (i.e. 2012‐13, 2013‐14, 2014‐15)
YES/NO
11. Audited Financial Statements for last three F/Y (i.e. 2012‐13,
2013‐14, 2014‐15).
YES/NO
12. Copy certificate of practicing issued by the Institute of
Chartered Accountants of India of principal
YES/NO
13. Other Certificates YES/NO
14. Authorisation letter in favour of person signing the bid
documents
YES/NO
15. Registration Certificate of Service Tax YES/NO
16. Price Schedule YES/NO
17. Complete bid document duly signed by bidder YES/NO
(In case answer to any of the above is ‘NO’ the bid shall be liable to be rejected) *The Bid document should be serially numbered and properly indexed.
PART B
PRICE BID The bidder is required to quote LUMPSUM PRICE in the following table for Professional Charges/Audit Fee or the period starting from 01.01.2016 till 31.03.2019 for the entire scope of work as per clause 1 of Section IV : Special Conditions of Contract. No additional payment will be admissible on any account. SNo. Particulars Amount in figures
(Rs.) Amount in words (Rs.)
1. Annual Internal Audit Fees for the period starting from 01.0.2016 to 31.03.2016
2. Annual Internal Audit Fees for the financial year 2016‐2017
3. Annual Internal Audit Fees for the Financial year 2017‐2018
4. Annual Internal Audit Fees for the financial year 2018‐2019
Total
Service Tax on fees as applicable shall be paid extra. *Rates to be quoted in figures as well as in words. In case of difference between quotes in figures and words the quotes in words shall prevail.