MAHANAGAR TELEPHONE NIGAM LIMITED (A Government …mtnl.in/eoi_accounting.pdf ·  · 2017-03-31E O...

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E O I No: CAO (A/cs)/CO/2-1/EOI-Ind AS/2015-16 1 MAHANAGAR TELEPHONE NIGAM LIMITED (A Government of India Enterprise) O/o Director (F), Mahanagar Doorsanchar Sadan, 9 CGO Complex, Lodhi Road, New Delhi-110003. (Appointment of Consultant for Accounting Services for implementation of Ind-AS) E O I No: CAO (A/cs)/CO/2-1/EOI-Ind AS/2015-16 Dated 18-09-2015 Cost of EOI Document: Rs. 500/- (Rupees Five Hundred Only) + 5% VAT Date of Opening of Sale of EOI Form : 28-09-2015 Date of Closing of Sale of EOI Form : 14-10-2015 Date of Opening of EOI : 16-10-2015

Transcript of MAHANAGAR TELEPHONE NIGAM LIMITED (A Government …mtnl.in/eoi_accounting.pdf ·  · 2017-03-31E O...

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MAHANAGAR TELEPHONE NIGAM LIMITED

(A Government of India Enterprise) O/o Director (F), Mahanagar Doorsanchar Sadan,

9 CGO Complex, Lodhi Road, New Delhi-110003.

(Appointment of Consultant for Accounting Services for

implementation of Ind-AS)

E O I No: CAO (A/cs)/CO/2-1/EOI-Ind AS/2015-16 Dated 18-09-2015

Cost of EOI Document: Rs. 500/- (Rupees Five Hundred

Only) + 5% VAT

Date of Opening of Sale of EOI Form : 28-09-2015 Date of Closing of Sale of EOI Form : 14-10-2015 Date of Opening of EOI : 16-10-2015

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MAHANAGAR TELEPHONE MTNL LIMITED (A Government of India Enterprise)

SECTION I: NOTICE INVITING EXPRESSION OF INTEREST (E O I)

E O I No. & DATE: CAO (Accounts)/CO/2-1/EOI-Ind AS/2015-16 18-09-2015.

____________________________________________________________ Opening Date of Sale of E O I Form : 28-09-2015 __________________________________________________________ Last Date for Sale of E O I Form : 14-10-2015 (15:00 HRS) Closing date and time of submission of bids: 16-10-2015 11:00 HRS Date of opening of techno commercial bids (on-line): 16-10-2015 15:00 HRS Date & time of off-line opening of techno commercial bids to be notified, (In case of online bidding fails), Cost of EOI Documents: Rs 525/- ( including VAT). On behalf of CMD, Mahanagar Telephone Nigam Limited wax sealed Expression of interest are invited from eligible firms for Appointment as Consultant for Accounting Services for implementation of Ind-AS in MTNL. Details regarding eligibility and scope of services are available in this document. Intending bidders may obtain a copy of the E O I document from O/o Chief Accounts Officer (Accounts), MTNL Corporate Office, Room No: 4502, 4th Floor, Mahanagar Doorsanchar Sadan, CGO Complex, Lodhi Road, New Delhi-110003, Tel: +91 011 24324118 Fax: +91 011 24325681 or download from internet (www.mtnl.net.in.). The bid must be submitted on-line on MTNL’s web site by www.epsdelhi.mtnldelhi.in as well as off-line by 16-10-2015 11:00 HRS and must accompanied with Earnest Money Deposit/ Bid Security (in the form of Demand Draft/ B G), without which, the bid shall be summarily rejected. Earnest Money Deposit/ Bid Security shall be Rs.200000/- (INR Two Lacs only). The techno-commercial bids shall be opened on the stipulated date and time for which prior notice/intimation shall be given. Financial bid of only technically qualified bidders (eligible bidders) will be opened on a later date based on the scrutiny of the Techno-commercial bids. The opening date and time of financial bid of eligible bidders shall be intimated. MTNL reserves the rights to accept or reject any of the E O I without assigning any reason whatsoever and the same shall not be subject to review by any court (s).

Chief Accounts Officer (Accounts) (MTNL, Corporate Office)

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MAHANAGAR TELEPHONE MTNL LIMITED (A Government of India Enterprise)

Please find enclosed herewith E O I documents for the above work as detailed below :

SL. No.

Title Section Page No.

1 Notice Inviting E O I I 2

2 Check List ANNEXURE-A 4

3 Instruction to bidders. II 5-15

4 General Conditions of Contract. III 16-21

PART-A (TECHNO-COMMERCIAL BID) :

5 Special terms & conditions of contract IV 22-28

6 Technical Bid V 29-30

7 Bid Form Part A & B VI 32-33

8 Proforma for Bid security VII 34

9 Letter of Authorization for attending bid opening.

Performa-I 43

10 Indemnity Bond on Rs.100/- N.J. Stamp Paper.

VIII 35-36

PART-B (FINANCIAL BID )

11 Financial Bid IX 31

PART-C (DOCUMENTS REQUIRED AT THE TIME OF AWARD OF CONTRACT).

11 Performance Security Guarantee Form. X 37-40

12 Proforma for Agreement. XI 41-42

9 Annexures & Proforma XII 43-45

Before submitting the E O I document; the MTNL’s the bidders are requested to read the same carefully. Incomplete/inaccurate documents which do not conform to the E O I requirement or where the questionnaire has not been properly filled by shall not be accepted. You are advised to complete the E O I document in all respects as per instructions contained therein. Hard copy of the enclosed document must also reach well before closing time, by 11:00 Hrs. on 16-10-2015 at the address stated above for the purpose of consideration if on-line bid opening does not get materialised at a later date to be notified to all the participating firms. Thanking You, Yours faithfully, Chief Accounts Officer (Accounts) (MTNL, Corporate Office)

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ANNEXURE-A CHECKLIST

Bidders are requested to check that the following documents are submitted with the bid. This check List should also be submitted (with Yes/ No) with the bid.

S. No

DOCUMENT ENCLOSED Yes / No

1 Certificate of incorporation of Chartered Accountants firm/LLP

2 Articles or Memorandum of association or partnership deed or LLP deed.

3 Duly notarized General power of attorney on non-judicial stamp paper of Rs.100/- General Power of Attorney in favour of the signatory in case of Partnership firm/LLP duly notarized given by all partners in case of Partnership firm/LLP and resolution of firm in case of company.

4 .Documents of proof as required in eligibility criteria for each sub clause ( Clause no 2 of Section II)

5 EMD in the form of DD for Rs.200000/-

6 Copy of service tax registration certificate.

7 Declaration & Indemnity Bond on Rs.100/- N.J. Stamp Paper

8 Curriculum Vitae of key personnel proposed to be deployed in the project with requisite knowledge in Telecommunications industry related accounting standards under AS 2006, US GAAP, IAS, Ind AS and IFRS. (attach separate sheets, if required)

9 ESIC/EPF Certificate (if applicable)

10 Photocopy of PAN

11 Financial Bid (in separate sealed envelope).

12 Bid Form (Section-VI)

13 Name of Bank, Branch of Bank, IFS/MICR Code and Account no for E payment.

14 Clause by Clause Compliance certificate.

(Sign. of the bidder with seal)

Name……………………………. Official Seal

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SECTION – II : INSTRUCTIONS TO BIDDERS A. INTRODUCTION 1. DEFINITIONS “The MTNL” means the Mahanagar Telephone Nigam Limited. “The Bidder” means the firm who participates in this E O I and submits its bid for

the same. “The Letter of Intent” means the intention of the MTNL to place the work order on

the bidder. “The Letter of Award of Work” means the award of work by the MTNL to the

Bidder signed by the MTNL including all attachments and appendices thereto and all documents incorporated by reference therein. The Letter of award of work along with the Letter of Intent and bid documents constitutes the contract. “Firm” shall mean a firm/LLP of Chartered Accountants (As defined in Chartered Accountants Act, 1949) or a company rendering accounting advisory services for a minimum period of three years and shall exclude a proprietorship concern of a Chartered Accountant. “Turnover” shall include only gross receipts (excluding service tax) from provision of services but shall not include other income, by whatever name called.

Words, terms and expressions not specifically defined herein or in E O I documents

shall have the same meaning assigned to them in the Indian Contract Act, 1872 or The General Clause Act, 1897 as the case may be. Head notes are for convenience purpose only and shall not affect the interpretation or construction of any provision here of / bid documents.

2. ELIGIBILITY CONDITIONS 2.1 Interested parties should be companies/firms/LLP having experience in comprehensive

implementation programme of US GAAP, IAS, or IFRS for a minimum of two Telecom Service providers in India or abroad (other than MTNL) having a minimum turnover of INR 250 crore from telecom services in previous 3 years. The documentary proof establishing eligibility as per the above mentioned conditions is to be submitted along with the bid document. MTNL shall accept the same after due verification.

2.2 The bidder should not have any equity stake, or vice versa, in and of any Basic

Services/ Cellular Telephony Services viz. GSM and CDMA/ Internet Services/ UASL/ NLD/ ILD Services operating companies in India or their promoters either in India or abroad. Self certificate shall be given.

2.3

The bidder should not be a Licensed Service Provider to provide Basic Services/ Cellular Telephony Services viz. GSM and CDMA / Internet Services/ UASL/ NLD/ ILD Services anywhere in India or abroad. Self certificate shall be given.

2.4 The firm/LLP/Company should have an average annual turnover of Rs.50 Crore per

year in the last three Financial years and net worth of INR 25 crore as per latest

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audited financial statement. This turnover & Net Worth of the firm should be supported by audited balance sheet or certified annual report.

2.5 The firm/LLP/Company should have a valid Service Tax Registration Certificate. Copy

to be given 2.6 2.7

Other Requirements: The Bidder must be either a registered partnership firm or LLP or a company and should have been in business of consulting/Auditing/Accounts advisory in India at least for the last five years and also having experience of completed implementation of IFRS/IAS/US GAAP for at least 10 companies of which at least 3 should be listed companies on any stock exchange in last 5 years. The documentary proof establishing eligibilities to be submitted. The Firm should have either Head Office or Branch Office available both in Delhi & Mumbai. Details should be attached.

2.8 The bidder shall be eligible to take part in the E O I only if he qualifies in all the above

mentioned conditions and is either not black listed, banned or debarred and is not in the duration of the currency of such punitive measures from any central public sector undertaking. The bidder should not have defaulted in any of the earlier contracts with MTNL, or any company of Government of India or the Union Government and a declaration to that effect is required to be submitted (in prescribed annexure at section VIII).

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SCOPE OF WORK AND DELIVERABLES The indicative scope of work in connection with implementation of Ind AS is included in Section IV: SCC.

4 TIMELINES The entire assignment (phase I to phase 2) has to be completed as per time schedule

specified. It may also be made clear that continuation and duration of the tasks will be at the sole discretion of MTNL. MTNL may decide to alter the time lines for any of the tasks stated above and consequently the payment schedule will also be revised accordingly.

5 PAYMENT TERMS The terms of payment will be as under:

- No Advance payment. - Payment will be made after getting satisfactory work certificate from the user

units – MTNL Mumbai including WS Mumbai, MTNL Delhi including WS Delhi and MTNL Corporate Office.

- Milestones for payment as defined in section IV: SCC. 6. COST OF BIDDING The bidder shall bear all costs associated with the preparation and submission of the

bid. The MTNL will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the biding process.

B. THE BID DOCUMENTS 7. DOCUMENTS COMPRISING THE BID

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7.1 The advisory and programme implementation services required to be given, bidding

procedures and contract terms and conditions are prescribed in the Bid Documents. The Bid documents include :

7.1.1 Notice Inviting E O I. – Section I 7.1.2 Instructions to bidder. – Section II 7.1.3

7.1.4 General (Commercial) conditions of the contract. - Section III Special Terms & Conditions of Contract IV

7.1.5 Technical Bid – Section V 7.1.6 Financial Bid. – Section IX 7.1.7 Agreement - Section XI 7.1.8 Bid security form. – Section VII 7.1.9 Performance security bond form. – Section X & X-A 7.1.10 Letter of authorisation to attend bid opening. – Section XII 7.1.11

7.1.12 Indemnity Bond – Section VIII Bid form VI

7.2 The Bidder is expected to examine all instructions, forms, terms and specifications in

the Bid Documents. Failure to furnish all information required as per the Bid Documents or submission of the bids not substantially responsive to the Bid Documents in every respect will be at the bidder’s risk and may result in rejection of the bid.

8 BID FORM 8.1 8.2 8.3 8.4

The bidders shall complete the Bid form and the Financial Bid in the format furnished in the bid documents. Printed terms and conditions enclosed with the EOI document will be considered as forming part of the bid. In case the terms and conditions as specified in the bid documents are not acceptable to bidders, they should clearly specify the deviations. MTNL shall not accept any deviations in respect of any commercial conditions as laid down in the bid documents normally. However, the bidders shall give a statement of deviations to the commercial conditions, if there are any deviations with specific reasons and MTNL may or may not consider such deviations for recorded reasons. The prospective bidders shall ask for clarifications of any queries through E-mail / Fax /Courier addressed to O/o Chief Accounts Officer (Accounts), MTNL Corporate Office, Room No: 4502, 4th Floor, Mahanagar Doorsanchar Sadan, CGO Complex, Lodhi Road, New Delhi-110003, Tel: +91 011 24324118 Fax: +91 011 24325681 and such queries/clarifications must reach in MTNL’s office latest by 09-10-2015 up to 14:00 HRS and verify MTNL website up to last date for submission of E O I. so that MTNL provided clarifications of such queries through email/Fax/on-line to the bidder seeking them can also be seen by other participants. MTNL will not be responsible for non-receipt or late receipt of any bidder’s query in MTNL’s office.

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AMENDMENT OF BID DOCUMENTS

9.1

At any time, the MTNL may, for any reason, whether at its own initiative or in response to a clarification sought as per 8 above, modify bid documents by amendments.

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9.2

The amendments shall be notified in writing or by FAX & on-line in portal to all prospective bidders on the address intimated at the time of Work of the bid document from the MTNL and these amendments will be binding on them. All prospective bidders are expected to check the MTNL’s tender portal for amendment if any and MTNL will not entertain any issue on this subject.

9.3 In order to provide prospective bidders a reasonable time to take the

amendment into account in preparing their bids, the MTNL may, at its discretion, extend the deadline for the submission of bids suitably.

C

PREPARATION OF BIDS

The interested bidders may submit their bids on-line in two separate bid system and

only techno commercial bids shall be opened on-line first and as such all the documents in support of eligibility criteria and other required declaration/ certificates as per EOI documents shall have to be got scanned and uploaded along with EOI/bids (i.e. techno commercial and financial bids separately). Documents/bids received on-line after time stamping will not be entertained. However for the purpose of off-line bid opening, in case of portal failure or any other reason to be recorded, the bidders shall submit the technical bid and financial bid hard copy with all documents in separate envelopes in addition to the same submitted online. The Technical/financial bid shall be submitted in Triplicate (1+2) in a separate sealed cover and deposited as per the instructions under clause 14 of this section and only in the Proforma as per Section V & Section IX. The bid shall contain no interlineations, erasures or over-writing except as necessary to correct errors made by the bidders in which case such corrections shall be signed by the person or persons signing the bid.

10 10.1

DOCUMENTS REQUIRED The technical bid prepared by the bidder shall comprise the following components : -

10.1.1 Bid security in form of DD & B G as per clause 12 of this section. 10.1.2 Clause by clause compliance of all Section of E O I. 10.1.3 Letter of Authorisation for attending bid opening (in prescribed format in

Annuxure - I of section – XII). 10.1.4 Annual reports o f last three years i.e F.Y. 2012-13, to 2014-15, together

with copies of Audited accounts of the Bidder. 10.1.5 Attested copy of the Certificate of Incorporation with the copy of Articles and

Memorandum of Association of the limited company or Partnership Deed or LLP Deed as the case may be.

10.1.6 Service Tax Registration certificate(if applicable)

10.1.7 Organizational chart and infrastructural details of the firm. 10.1.8 Bid form 10.1.9 List of clients as per eligibility conditions along with performance certificates

from clients. 10.1.10 Documents of proof as required in the Eligibility Criteria for each sub clause

(Sl.No. clause no.2 above) 10.1.11 Checklist duly filled up 10.1.12 E O I document signed on all pages.

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10.1.13 10.1.14 10.1.15 10.1.16

EPF & ESI No & proof for payment for its employees(if applicable) Photocopy of PAN Name of the Bank, Branch, MICR Code, IFS Code & Account no for e-payment General Power of attorney in favour of the signatory in case of Partnership firm/Registered Company/ duly notarised given by all partners or by the resolution of the board given by authorised director(s).

11.

BID PRICES

11.1 The bidder shall give the total composite quote for MTNL Delhi (Basic Services

& Wireless Services unit), MTNL Mumbai ((Basic Services & Wireless Services unit) and Corporate Office. MTNL’s consolidated accounts are prepared based on Basic Units Delhi, Wireless Unit Delhi, Basic Unit Mumbai, Wireless Unit Mumbai and Corporate Office Unit. There are two subsidiaries (one in Mauritious and other in India i.e. Mahanagar Telephone Mauritious Limited & Millennium Telecom Limited) and two joint ventures viz. MTNL STPI in India and UTL in Nepal. Consolidation of all these accounts at DGM (A/cs) Unit C.O. level is done. As such composite rate quoted should include for standalone consolidation of 5 units and consolidation of standalone & JVs & subsidiaries. The amount shall be excluding Service tax which will be payable as per prevailing rate. The offer shall be firm in Indian Rs. (Rupees). No Foreign exchange will be made available by MTNL.

11.2 The consolidated amount quoted by the bidder shall remain fixed during the entire period of contract and shall not be subject to variation on any account. A bid submitted with an adjustable quotation amount will be treated as non - responsive and rejected.

11.3 The amount approved by MTNL for project will be all inclusive except service tax which will be paid on actual. Break-up in various heads except service tax paid/payable, if mentioned, shall be for the information of the MTNL and any change in these shall have no effect on amount during the project period.

11.5

11.6

EOI will be decided on the basis of all inclusive lowest amount net of cenvatable duties and taxes. Placement of work order shall be done as per para 20.3 of this section.

12. BID SECURITY 12.1 The bidder shall furnish, as part of his technical bid, a bid security for an amount

of Rs 200000/-

12.2 The bid security shall be in the form of Bank Guarantee issued by a Schedule Bank in favour of MTNL valid for a period of 180 days from the date of EOI opening in the format prescribed in Section VIII. The bidder may also issue Demand Draft in favour of A O (Cash) Corporate Office MTNL. The original B G or demand draft as the case may be shall be received on or before 16-10-2015 and not later than 11:00 AM. On-line bid without receipt of the Demand Draft or B G as bid security in the office of CAO (A/cs) Corporate Office, MTNL shall not be considered at all & late receipt of BG/DD will not be entertained. Bid received without bid security either on-line or off-line shall be rejected summarily.

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12.3 12.4

The bid security is required to protect the MTNL against the risk of bidder’s conduct, which would warrant the forfeiture of bid security pursuant to Para 12.7. The bid not secured in accordance with Para 12.1 & 12.2 shall be rejected by the MTNL being non-responsive at the bid opening stage and returned to the bidder unopened.

12.5 The bid security of the unsuccessful bidder will be discharged/returned as

promptly as possible, but not later than 30 days after issue of work order to the eligible bidder the expiry of the period of the bid validity prescribed by the MTNL pursuant to clause 13.

12.6 The successful bidder’s bid security will be discharged upon the bidder’s

acceptance of the LOA satisfactorily and furnishing the performance security. 12.7 The bid security may be forfeited :

(a) If the bidder withdraws his bid during the period of bid validity specified by the bidder in the Bid form or (b) In the case of successful bidder, if the bidder fails: (i) to sign the contract in accordance with clause 22. or (ii) to furnish performance security (c) In both the above cases, i.e 12.7 (a) & (b), the bidder will not be eligible to participate in a EOI for same services for one year from the date of issue of LOA. The bidder will not approach the court against the decision of MTNL in this regard.

13 13.1 13.2

PERIOD OF VALIDITY OF BIDS Bid shall remain valid for 150 days from the date of opening of bids prescribed by the MTNL pursuant to clause 16.1. A bid valid for a shorter period shall be rejected by the MTNL being non-responsive. In exceptional circumstances, the MTNL may request the consent of the bidder for an extension to the period of bid validity. The request and the response thereto shall be made in writing. The bid security provided under clause 12 shall also be suitably extended. The bidder may refuse the request without forfeiting his bid security.A bidder accepting the request and granting extension will not be permitted to modify his bid.

D SUBMISSION OF BID 14 Submission of on-line & off-line bids: A. 14.1

On-line Bids Submission: Bidders are advised to study the Bid Documents carefully. Submission of the Bid will be deemed to have been done after careful study and examination of all instructions, eligibility norms, terms and requirement specifications in the E O I documents with full understanding of its implications. Bids not complying with all the given clauses in this E O I documents are liable to be rejected. Failure to furnish all information required in the E O I document or submission of a bid not substantially responsive to the E O I

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14.2 14.3

document in all respects will be at the bidder’s risk and may result in rejection of the bid. On-line Bids ( complete in all respect) must be uploaded on MTNL’s web site www.epsdelhi.mtnldelhi.in latest by 11:00 Hrs on 16-10.2015. The on-line bids should be submitted as under:-

1) On-line bids ( complete in all respect) must uploaded on MTNL e procurement website www.epsdelhi.mtnldelhi.in latest by 11:00 HRS on 16-10-.2015.

2) The on-line bids should be submitted in 2 Envelopes as per the condition mentioned in this document.

3) In case, the day of bid submission is declared holiday by Govt of India, the next working day will be treated as day for submission of bids. There will be no change in the timings.

4) E O I bid most contain the name, office and after office hours addresses including telephone number(s) of the person(s) who are authorised to submit the bid with their signatures.

5) Un-signed & un-stamped bid shall not be accepted. 6) All pages of bid being submitted must be signed and sequentially numbered by

the bidder irrespective of the nature of content of the documents. 7) Ambiguous bids will be out rightly rejected. 8) MTNL will not be responsible for any delay on the part of the bidder in obtaining

the terms and conditions of E O I notice or submission of E O I bids. 9) Bidders shall indicate their rate in clear / visible figures as well as words. in case

of mismatch, the rates written in words will prevail. 10) Bids not quoted as per the format given in E O I document will be rejected

straightway. 11) No deviation from the E O I specifications & terms and conditions will be

accepted. MTNL may, at its discretion, extend the date for submission of bids. In case such a case all right and obligations of MTNL and the bidder will be applicable to the extended time frame. The Offer submitted by telex/fax/email or any manner other than specified above will not be considered. No correspondence will be entertained on this matter.

Please note that on- line bidding requires the bidder to possess a Digital Signature Certificate (DSC). It is also essential to familiarize, well in advance, with the electronic procurement system (on-line bidding system) in order to avoid last minute glitches and slips. It is therefore requested that interested bidders acquaint themselves and register themselves on MTNL’s electronic procurement system at least a few days in advance on our web site www.epsdelhi.mtnldelhi.in. For any assistance in this regard, following officer of MTNL may be contacted. Shri Sanjay Chaudhary, Dy. Mgr.(MM), Tel.011-24328637 , Fax No.011-24319323.

In case on-line bidding is not materialized due to connectivity problems or for any other reason, hard copies of the bids shall be opened and evaluated.

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B. 14.4

Off-line Bids Submission: Hard Copy of bids shall be submitted in two envelopes as mentioned below and dealing and marking of bids must be reviewed by the bidder before 11:00 Hrs on 16-10-2015.

14.5 ENVELOPE ‘A’: Technical bid in triplicate (1+2) as per Section II, Clause 7.1 forms

Envelope 'A'. 14.6 ENVELOPE ‘B’: Financial bid in triplicate (1+2) as per Section. IX, forms Envelope 'B' 14.7 Both Hard Copy of both envelopes 'A' and 'B' are to be sealed in separate covers

and to be submitted in one single cover (Sealed) Super scribing the covers “Technical bid” for E O I No. E O I No: CAO (A/cs)/CO/2-1/EOI-Ind AS/2015-16 for Envelope A and Super scribing “Financial bid” for E O I No. E O I No: CAO (A/cs)/CO/2-1/EOI-Ind AS/2015-16 for Envelope B. All the three covers i.e. Cover A, Cover B and the big outer cover should bear the name and address of the bidders and be addressed to “CAO(Accounts), Corporate Office, Room No 4502, 4th floor, MTNL Doorsanchar Sadan, 9 CGO Complex, Lodhi Road, New Delhi – 110 003”. Envelope A i.e. Technical bid will be opened first. Envelope B i.e. Financial bid containing price/rate will be opened only in respect of the bidders, who qualify in the Technical bid. The date of opening of financial bid i.e. envelope B, for those who qualify in the Technical bid will be intimated subsequently. Corresponding financial bid in envelope 'B' of ineligible and non responsive bids will not be opened and same will be returned to the unsuccessful bidder in due course of time by registered post or by hand. The outer cover containing the cover ‘A’ and cover ‘B’ shall be properly wax sealed and dropped in the Tender Box kept in the O/o CAO(Accounts), Corporate Office, Room No 4502, 4th floor, MTNL Doorsanchar Sadan, 9 CGO Complex, Lodhi Road, New Delhi – 110 003. The bids may also be sent by Registered post so as to reach CAO(Accounts), Corporate Office, Room No 4502, 4th floor, MTNL Doorsanchar Sadan, 9 CGO Complex, Lodhi Road, New Delhi – 110 003” on or before 16-10-2015 at 11:00 hrs. MTNL will not be responsible for any postal delay.

14.8 Bidder must state his complete address and telephone number on E O I form. 15 MODIFICATION AND WITHDRAWAL OF BIDS 15.1

The bidder may modify or withdraw his bid after submission provided that the written notice of the modification or withdrawal is received by the MTNL prior to the deadline prescribed for submission of bids.

15.2 The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and

despatched as required in the case of bid submission in accordance with the provisions of clause 14. A withdrawal notice may also be sent by FAX but followed by a signed confirmation copy by post not later than the deadline for submission of bids.

E

BID OPENING AND EVALUATION

16 OPENING OF BIDS BY MTNL

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A. 16.1 B. 16.2

On-line Opening of Bids: Venue of E O I Opening On-line Bids: On-line EOI bids will be opened in the office of:

CAO(Accounts), Corporate Office, Room No 4502, 4th floor, MTNL Doorsanchar Sadan, 9 CGO Complex, Lodhi Road, New Delhi – 110 003” at 15:00 Hrs. on the due date.

If due to administrative reason, the venue of Bid opening is changed, it will be displayed prominently on the notice boards of MTNL Doorsanchar Sadan Building, 9, CGO Complex Lodhi Road, New Delhi & apprised through E-Portal of MTNL. All bidders shall attend the bid opening on-line on e-procurement portal on the stipulated date at stipulated time.

Off-line Opening of Bids:

The MTNL shall open technical bids in the presence of bidders or their authorized representatives who chose to attend, at 15:00 hrs on due date to be notified if on-line bidding fails with due notice & time. The bidder’s representatives, who are present shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid opening (A Format is given in Annexure-I of section XII).

16.3

A maximum of two representatives of any bidder shall be authorized and permitted to attend the bid opening.

16.4 The bidder’s name, modifications, bid withdrawals and such other details as the MTNL,

at its discretion, may consider appropriate will be announced at the time of opening. 16.5 The date fixed for opening of bids, if subsequently declared as holiday by the MTNL,

the revised date of schedule will be notified. However, in absence of such notification, the bids will be opened on next working day, time and venue remaining unaltered subject to para 14.7 above, without any further notice.

17 PRELIMINARY EVALUATION 17.1 MTNL shall evaluate the bids to determine whether they are complete in all respects ,

whether the documents have been properly signed and whether the bids are generally in order.

17.2 Prior to the detailed evaluation pursuant to clause 18, MTNL will determine the

substantial responsiveness of each bid to the Bid Document. For purposes of these clauses, a substantially responsive bid is one which confirms to all the terms and conditions of the Bid Documents without material deviations. The MTNL’s determination of bid’s responsiveness shall be based on the contents of the bid itself without recourse to extrinsic evidence.

17.3

A bid, determined as substantially non-responsive will be rejected by the MTNL and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity.

17.4 MTNL may waive any minor infirmity or non-conformity or irregularity in a bid which

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17.5

doesn’t constitute a material deviation, provided such waiver doesn’t prejudice or effect the relative ranking of any bidder. The decision of the MTNL shall be final. Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between words and figures, the amount in words shall prevail. If a bidder does not accept the correction of the errors, its bid will be rejected.

18 EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS 18.1 The MTNL shall evaluate in detail and compare the bids previously determined to be

substantially responsive pursuant to clause 17, for technical compliance. 18.2 All the offers, found technically suitable shall be intimated, in writing, of the date of

opening of the financial bid. The bidders may attend the opening of bids, similar to the technical bid opening (clause 17)

18.3 18.4

The evaluation and comparison of technically compliant & responsive bids shall be done on the all inclusive price net of the cenvatable credits of the services offered as indicated in the Financial Bid in Section IX of the EOI Documents. Evaluation of price bids and ranking of the bidder will be done on net cost/grand total value of Phase 1 & Phase 2.

19 CONTACTING THE MTNL 19.1 No bidder shall try to influence the MTNL on any matter relating to its bid, from the time

of the bid opening till the time the contract is awarded. 19.2

Any effort by a bidder to modify his bid or influence the MTNL in the MTNL’s bid evaluation, bid comparison or contract award decision shall result in the rejection of the bid.

F 20

AWARD OF CONTRACT AWARD OF WORK

20.1 MTNL shall consider for award of work only on those eligible bidders whose offers

have been found technically, commercially and financially acceptable and whose services offered are is as per E O I specifications and the award will be made only on the basis of evaluation of bids to the lowest quoted bidder out of such eligible bidders.

20.2 20.3

MTNL is not bound to accept the lowest or any E O I and reserves to himself the right to accept or reject the whole or any part of the E O I. The bidders shall deliver the services as decided by the MTNL at the approved rates. Work order shall be issued on Phase wise. The issue of work order for subsequent phase will be at the sole discretion of MTNL and payment will be made only for the work completed satisfactorily. Initial work order shall be issued for Phase I only and after satisfactory completion of Phase I, further work order will be issued for subsequent phases (i.e. 2(a) & 2(b). If performance of

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bidder is not satisfactory during the Phase 1 work, MTNL reserves the right to cancel the uncompleted task of Phase further and also no work order shall be issued to bidder for subsequent phases (i.e. 2(a) & 2(b). The bidder will not approach the court against the decision of MTNL in this regard.

21 LETTER OF INTENT/ LETTER OF AWARD OF WORK (LOA): 21.1 The letter of intent shall constitute the intention of the MTNL to issue a letter of award

of work to the successful bidder(s). 21.2 The bidder shall, within 15 days of the issue of the LOA, communicate his acceptance

and shall also furnish performance bank guarantee in conformity with Section XI of the EOI document. The bank guarantee shall be from any nationalized or scheduled banks only.

21.3 Failure to comply with the requirement of clause 21.2 shall constitute sufficient ground

for the annulment of the acceptance of the bid and forfeiture of the bid security in which event the MTNL shall feel free to issue a letter of award of work to other bidder(s) or call for fresh bids.

22 SIGNING OF CONTRACT 22.1 The issue of letter of award of work shall constitute the award of contract on the bidder. 22.2 Upon the successful bidder furnishing performance bank guarantee pursuant to clause

7.1 of section III, the MTNL shall discharge the bid security in pursuant to of clause 12.6 of this section and sign a Service Level Agreement with MTNL.

23

RIGHT TO CANCEL THE CONTRACT:

The MTNL shall have the right to cancel the contract wholly or in part in the event he is obliged to do so on account of any decline, diminution, curtailment or stoppage of the work(s). In that event, this will be mutually discussed and settled depending upon the status of the contract and decision of the MTNL shall be binding upon the bidder

24

NON PERFORMANCE

24.1 MTNL reserves the right to disqualify the bidder for a suitable period who has failed or fails to undertake the job in accordance with the timelines agreed to and also during the course of the performance does not produce the results required and expected as per the contract terms and conditions deliver on time.

24.2 MTNL reserves the right to blacklist a bidder for a suitable period in case he fails to

honour his bid without sufficient grounds.

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SECTION III : GCC

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. APPLICATION

The general condition shall apply in contracts made by the MTNL for the delivery of services.

2. CONFIDENTIALITY

The bidder, including all personnel shall not disclose, divulge, share, discuss, lend, licence or sell to any third party any information, data, databases, documents, software, proprietary information, taxpayer information or technical material (“information”) supplied to or by MTNL in the performance of the Agreement.

3. EXCLUSIVITY

The Agreement shall not restrict MTNL from contracting for identical or similar services from any other person.

4. DISCLAIMER

MTNL shall not be liable for any inaccuracies in the E O I & its sections. MTNL has provided its best efforts to give the details according to its best knowledge and experience. If any details changes, MTNL shall provide notice so that the proposals may be altered accordingly.

5. PERSONNEL

5.1 All parts of the services(s) shall be performed by persons qualified and skilled in

performing such services. 5.2 The Bidder shall replace any of its personnel if they are unacceptable to MTNL

because of security risk, incompetence, conflict of interest and breach of confidentiality or improper conduct upon receiving written notice from MTNL.

5.3 The Bidder shall pay the wages and benefits of any personnel. Nothing contained

or implied in any forthcoming Agreement shall create any contractual relationship between the bidder's personnel and MTNL.

5.4 MTNL shall not be liable for any loss, damage, theft, burglary or robbery of any

personal belongings, equipment or vehicles of the personnel, agents of the Bidder.

6. INTELLECTUAL PROPERTY

6.1 All documents, raw data, research, processes, technology, film, artwork, engravings, dies, paper tapes, magnetic media, programs, designs and inventions (collectively referred to as the “information”) conceived of, collected, completed or produced in the course of performance of the contract by the Bidder, (including all

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Personnel) for MTNL or provided to the Bidder by MTNL shall be the exclusive property of MTNL and shall be kept confidential.

6.2 The Bidder shall not disclose any information or report related to this assignment to

any person or group of persons without the written direction of MTNL. 6.3 The Bidder shall not retain any information related to the Assignment, in any

medium, and shall return all copies. 6.4 All information and documents supplied to the Bidder under the Agreement and all

reports, programs, procedures, documents and information produced under the Agreement are the property of MTNL and shall be returned upon completion of contract.

6.5 All materials prepared at the request of and for MTNL shall remain the property of

MTNL except with the written consent.

7. PERFORMANCE BANK GUARANTEE 7.1 The Bidder shall furnish performance bank guarantee to the MTNL for an amount

equal to 5% of the value of EOI within 15 days from the date of issue of Letter of award of work by the MTNL.

7.2 The proceeds of the performance security shall be payable to the MTNL as

compensation for any loss non-performance resulting from the Bidder’s failure to complete its obligations under the contract.

7.3 The performance security shall be in the form of Bank Guarantee valid for a period

of 3 Years, issued by a scheduled Bank in India and in the form provided in ‘Section X ’ of this EOI Document.

7.4 The performance security Bond will be discharged by the MTNL after completion of

the Bidder’s performance obligations under the contract. 8 PAYMENT TERMS 8.1 Payment will be done on satisfactory completion of scope of work as defined in Section IV of the EOI document at the discretion of MTNL as per the terms under clause 5 of Section II. 8.2 All payments will be made in Indian Rupees only 8.3 No payment shall be made for non satisfactory services provided.

8.4 Paying authority : Accounts Officer (Cash – C.O.), 4th Floor, MTNL Doorsanchar Sadan, 9, CGO Complex Lodhi Road,

New Delhi – 110 003.

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9 PRICES 9.1 Prices charged by the Bidder for services performed under the contract shall not be

higher than the amount quoted by the Bidder in his Bid. 10 SUBCONTRACTS 10.1 The Bidder shall not assign, transfer, pledge or subcontract the performance of

services without the prior written consent of MTNL. Such consent may be withheld at the sole discretion of MTNL.

10.2 The Bidder shall notify the MTNL in writing of all sub-contracts awarded under this

contract if not already specified in the bid. Such notification, in the original bid or later shall not relieve the Bidder from any liability or obligation under the contract.

10.3 No assignment or subcontract shall relieve the Bidder from its obligations arising

from the Agreement or impose any liability upon MTNL to any assignee or Sub Contractors. The Bidder shall at all times be held fully responsible for the acts and omissions of the assignee or the Sub Contractors and its Personnel.

10.4 Nothing contained in the agreements between the Bidder and the sub-Contractor(s)

shall create any contractual relationship between the sub- Contractor(s) and MTNL.

11. DELAYS IN THE SUPPLIER’S PERFORMANCE 11.1 Deliveries and performance of the services shall be made by the bidder in

accordance with the time schedule specified in the work order. In case the deliveries of services are completed in the stipulated delivery period, as indicated in the work order, MTNL reserves the right cancel this work order and/or recover liquidated damage charges. The cancellation of the order shall be at the risk and responsibility of the bidder and MTNL reserves the right to get the balance work completed at the risk and cost of the defaulting bidders.

11.2 Delay by the Supplier in the performance of its delivery obligations shall render the

Supplier liable to any or all of the following sanctions: forfeiture of its performance security, imposition of liquidated damages and/or termination of the contract for default.

11.3 If at any time during the performance of the contract, the bidder encounters

condition impending timely delivery of the goods and performance of service, the bidder shall promptly notify to MTNL in writing the fact of delay, its likely duration and its cause(s). As soon as practicable after receipt of the bidder’s notice, MTNL shall evaluate the situation and may at its discretion extend the period of performance of the contract subject to furnishing of additional bank guarantee in the format provided in Section – X-A, by the supplier @ 5% of the total value of the contract.

12. PENATLY CLAUSE 12.1 The date of satisfactory completion of performance delivery of services stipulated in

the acceptance of the EOI should be deemed to be the essence of the contract and

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the all obligations of performance delivery of services must be completed not later than the dates specified therein. Extension will not be given except in exceptional circumstances. Should, however, the completely culminated performance or part of it is made after the stipulated delivery of services be made after expiry of the contracted period, with specific concurrence of the MTNL and be accepted by the MTNL, such delivery acts of performance of services or acceptance will not deprive the MTNL of its his right to recover penalty under clause 12.2 below.

12.2 If the Bidder fails to complete the performance of all or any part of the stipulated services/deliver the services within the period prescribed for such performance completion delivery, the MTNL shall be entitled to recover 0.5 % of the contract bid value for each week of delay or part thereof for a period up to 10 (TEN) weeks and thereafter at the rate of 0.7% of the contract bid value for each week of delay or part thereof for another 10 (Ten) weeks of delay. Quantum of penalty charges assessed and levied by the MTNL shall be final and not challengeable by the Bidder.

12.3 The penalty as per above shall be limited to a maximum of 12% of the total

contract value. 13 FORCE MAJEURE

If, at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract is prevented or delayed by reasons of any war or hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (hereinafter referred to as events) provided notice of happenings of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim for damages against other in respect of such non-performance or delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such an event come to an end or cease to exist, and the decision of the MTNL as to whether the deliveries have been so resumed or not shall be final and conclusive. Further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 days, either party may, at its option, terminate the contract.

14 TERMINATION FOR DEFAULT 14.1 The MTNL may, without prejudice to any other remedy for breach of contract, by

written notice of default, sent to the Bidder, terminate this contract in whole or in part

14.2 If the Bidder fails to deliver services within the time period(s) specified in the

contract, or any extension thereof granted by the MTNL pursuant to clause 14.3 If the Bidder fails to perform any other obligation(s) under the Contract; and If

the Bidder, in either of the above circumstances, does not remedy his failure within a period of 15 days (or such longer period as the MTNL may authorize in writing) after receipt of the default notice from the MTNL.

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14.4 In the event the MTNL terminates the contract in whole or in part pursuant to clause 14.1 above the MTNL may arrange to get procure, upon such terms and in such manner as it deems appropriate, same services or similar to or akin to the same services to those are not performed undelivered and the Bidder shall be liable to the MTNL for any excess cost for such or similar services. However the Bidder shall continue the performance of the contract to the extent not terminated.

15 TERMINATION FOR INSOLVENCY

The MTNL may at any time terminate the Contract by giving written notice to the Bidder, without compensation to the Bidder. If the Bidder becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the MTNL.

16 ARBITRATION 16.1 In the event of any question, dispute or difference arising under this agreement or in

connection there-with (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be

referred to the sole arbitration of the CMD, MTNL, Delhi or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the CMD, MTNL, Delhi or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the CMD or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the CMD or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996. There will be no objection to any such appointment on the ground that the arbitrator is a Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a Government Servant he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the CMD, MTNL, Delhi or the said officer shall appoint another person to act as an arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

16.2 The arbitrator may from time to time with the consent of both the parties enlarge the

time frame for making and publishing the award. Subject to the aforesaid, Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

16.3 The venue of the arbitration proceeding shall be the office of the CMD, MTNL, Delhi

or such other places as the arbitrator may decide.

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17 SET OFF

Any sum of money due and payable to the bidder (including security deposit refundable to him) under this contract may be appropriated by the MTNL or any other person(s) contracting through the MTNL and set off the same against any claim of the MTNL or such other person or person(s) for payment of a sum of money arising out of this contract or under any other contract made by the bidder with the MTNL or such other person(s) contracting through the MTNL.

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SECTION IV : SCC

SPECIAL TERMS AND CONDITIONS OF CONTRACT:

A. SCOPE OF WORK:

Ministry of Corporate Affairs (MCA) of Govt. of India, vide notification dated 16th February, 2015 has issued The Companies (Indian Accounting Standards) Rules, 2015 to be effective from 1st April 2015. Criteria set by rule 3 and rule 4 of the said rules casts an obligation upon MTNL including its subsidiaries, associates and joint ventures for preparation and audit of the financial statements in full compliance with the notified Indian Accounting Standards (Ind AS). Effective date of transition to notified Ind AS for MTNL will be 1st of April, 2015 and mandatory implementation w e f F Y 2016-17, since the transition to Ind AS is practically effective from 01.04.2015, the Company needs assistance from an experienced and competent consultant in preparation of opening financial statements on 01.04.2015 and to get preparation of the accounts of 2016-17 is facilitated by imparting required road map, skills and formulation of accounting principles & polices as well as procedures before commencement of F Y 2016-17 so that MTNL can comply to MCA notification as above for financial statement for F Y 2016-17 with comparative data for F Y 2015-16 .

1. Ind-AS Compliance for standalone and consolidated financial statements:

2. Phase 1: Impact Assessment & Reports, Template Formulation and Training:

I. Identification of items in the Financial Statements as on 31st March, 2015 which will be impacted on implementation of Ind AS.

II. Identification of items which are to be newly introduced as per Ind AS not reported in Financial Statements as on 31st March 2015.

III. Ind AS 101: Evaluate and recommend various accounting policies, choices and exemptions.

IV. Prepare an Ind-AS impact assessment report including all subsidiaries, associates and joint ventures*

V. Preparation of templates to capture the required information for preparing MTNL’s financial statements including the subsidiaries, associates and joint ventures.*

VI. Preparation of opening standalone and consolidated balance sheets as at April 1, 2015.

VII. WFMS, CSMS and other system Compatibility ** VIII. 5 days training programme for comprehensive training to MTNL’s Team on

Ind-AS. IX. 2 days training programme for non-finance executives for familiarisation of

Ind AS and its impact on procedures, policies etc.

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3. Phase 2: Assistance in preparation of Quarterly and Annual Financial Statements:

Stage "a": For FY 2015-16: ( For MTNL Mumbai units, MTNL Delhi units & Corporate Office incl. JVs & Subs)

I. Preparation of standalone financial statements for the periods ending June 30, 2015, September 30, 2015 and December 31, 2015

II. Preparation of standalone and consolidated annual financial statements for the year ending March 31, 2016

III. WFMS, CSMS and other system Compatibility ** IV. 3 days training programme for comprehensive training to MTNL’s Team on

Ind-AS. Stage "b": For FY 2016-17: ( For MTNL Mumbai units, MTNL Delhi units & Corporate Office incl. JVs & Subs)

I. Assist in preparing standalone financial statements for the periods ending June 30, 2016, September 30, 2016 and December 31, 2016 along with their comparatives

II. Assist in preparing standalone and consolidated annual financial statements for the year ending March 31, 2017 along with comparatives

III. WFMS,CSMS and other system Compatibility** of the templates. IV. 3 days training programme for comprehensive training to MTNL’s Team on

Ind-AS.

*Note 1: For details of Subsidiaries, Associates and Joint Venture, please refer to Financial Statement for the year ended 31.03.2015 and also refer to quarterly financials for the FY 2015-16 from our website www.mtnl.net.in. **Note 2: WFMS, CSMS Compatibility: A report containing the changes to be made in the WFMS & CSMS to capture information to make it Ind-AScompliant to be given. Note 3: WFMS: is webenabled Financial Management System developed in house by MTNL for accounting, CSMS: is in house system developed by MTNL for billing of telephone bills.

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B. PAYMENT TERMS:

4. DELIVERABLES, TIMLINE, PAYMENT TERM & INVOICING PROCEDURE:

4.1 Deliverables: As per SCC

4.2 Timeline and Payment Term:

(A) Company shall pay to the Consultant, during the term of the contract, the amount due calculated according to the rates of payment set and in accordance with other provisions hereof. No other payments shall be due from Company unless specifically provided for in this contract. All payments will be made in accordance with the terms hereinafter described in Indian rupees only.

(B) Total of Professional fees as quoted plus the Service Tax thereon at actual rate, payable to the Consultant for two years shall not exceed the total contract value under this contract.

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(C) The payment against the invoices raised by the Consultant will be made on the following basis:

a) The invoice against Phase 1 of SCC for Impact Assessment & Reports, Template

Formulation and Training may be raised as tabled below:

PHASE-1 Sl. No

Stages Timelines (days) Payment Terms

I Detail Road Map ( Start to End) of Execution of Service

Within Four weeks from the effective date of contract mentioned in LOA.

II Discussion on Road map and mutual agreement of timeline.

Within Two week of receipt of Road Map,

.

III Submission of draft standalone & consolidated opening balance sheet as on 01-04-2015.

Within two month from the date of discussion of road map.

30% of Total cost of Phase 1 fee.

IV Discussion on draft standalone & consolidated opening balance sheet as on 01-04-2015 and Submission of Final standalone & consolidated opening balance sheet as on 01-04-2015.

Within One month from the date of discussion on the Draft Report.

V Five Days Training. Within One month from the discussion on Draft Report.

30% of Total cost of Phase 1 fee.

VI Submission of Report duly signed by the Partner containing the deliverable given under the scope of services.

Within One week from the date of discussion of final report.

30% of Total cost of Phase 1 fee.

VII Balance 10% amount will be paid after completion of total contractual obligations of that Phase on certification by all the units concerned.

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b) The invoice against Stage "a" of Phase 2 of SCC for Assistance in preparation of Quarterly and Annual Financial Statements for FY 2015-16 may be raised as tabled below:

PHASE-2(a) Sl. No

Stages Timelines (days) Payment Terms

I Completion of Quarterly standalone & consolidated Financial Statement for the period ending 30-06-2015 and WFMS, CSMS and other system Compatibility report..

As per mutual agreed timelines but with in 90 days from the date of award of work for Phase 2 or before 31/07/2016 whichever is earlier.

15% of cost of stage “a” of phase 2 fees

II Completion of Quarterly standalone & consolidated Financial Statement for the period ending 30-09-2015 and WFMS, CSMS and other system Compatibility report..

As per mutual agreed timelines but with in 105 days from the date of award of work for Phase 2 or before 31/10/2016 whichever is earlier.

15% of cost of stage “a” of phase 2 fees

III Completion of Quarterly standalone & consolidated Financial Statement for the period ending 31-12-2015 and WFMS, CSMS and other system Compatibility report..

As per mutual agreed timelines but with in 120 days from the date of award of work for Phase 2 or before 31/01/2017 whichever is earlier.

15% of cost of stage “a” of phase 2 fees

IV Completion of standalone & consolidated Annual Financial Statement for the period ending 31-03-2016 and WFMS, CSMS and other system Compatibility report..

As per mutual agreed timelines but with in 135 days from the date of award of work for Phase 2 or before 31/03/2017 whichever is earlier.

25% of cost of stage “a” of phase 2 fees

V Three Days Training. Within 15 Days from the date of completion of Annual Financial Statements.

VI Submission of Annual Report duly signed by the Partner on the observation under this stage and suggestion on way forward.

Within 15 Days from the date of completion of Annual Financial Statements.

20% of Total cost of Phase 1 fee.

VII WFMS, CSMS and other services Compatibility report of template developed by the bidder

To be submitted with each quarter closing and a consolidated compatibility report after Annual Accounts of F Y 2015-16

VIII Balance 10% amount will be paid after completion of total contractual obligations of that Phase on certification by all the units concerned.

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c) The invoice against Stage "b" of Phase 2 of SCC for Assistance in preparation of Quarterly and Annual Financial Statements for FY 2016-17 may be raised as tabled below:

PHASE-2(b) Sl. No

Stages Timelines (days) Payment Terms

I Completion of Quarterly standalone & consolidated Financial Statement for the period ending 30-06-2016 and WFMS, CSMS and other system Compatibility report..

As per mutual agreed timelines but with in 30 days from quarter closing date

15% of cost of stage “a” of phase 2 fees

II Completion of Quarterly standalone & consolidated Financial Statement for the period ending 30-09-2016 and WFMS, CSMS and other system Compatibility report..

As per mutual agreed timelines but with in 30 days from quarter closing date

15% of cost of stage “a” of phase 2 fees

III Completion of Quarterly standalone & consolidated Financial Statement for the period ending 31-12-2016 and WFMS, CSMS and other system Compatibility report..

As per mutual agreed timelines but with in 30 days from quarter closing date

15% of cost of stage “a” of phase 2 fees

IV Completion of standalone & consolidated Annual Financial Statement for the period ending 31-03-2017 and WFMS, CSMS and other system Compatibility report..

As per mutual agreed timelines but with in 45 days from quarter closing date

25% of cost of stage “a” of phase 2 fees

V Three Days Training. Within 15 Days from the date of completion of Annual Financial Statements or as mutual agreed.

VI Submission of Annual Report duly signed by the Partner on the observation under this stage and suggestion on way forward.

Within 15 Days from the date of completion of Annual Financial Statements.

20% of Total cost of Phase 1 fee.

VII WFMS, CSMS and other services Compatibility report of template developed by the bidder

To be submitted with each quarter closing and a consolidated compatibility report after Annual Accounts of F Y 2016-17

VIII Balance 10% amount will be paid after completion of total contractual obligations of that Phase on certification by all the units concerned.

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d) Payment as per above term will be made within 30 Days from the date of receipt of the

invoice.

e) The above quoted lump-sum fee, are all inclusive except service tax which will be paid as

per actual. No separate payment shall be made for TA/DA, boarding lodging and other

out of pocket expenses.

4.3 MANNER OF PAYMENT:

(A) All payments due to Consultant shall be made by the Company at Consultant designated bank.. To enable the Company to arrange e-remittance, the Annexure-III must be filled up/submitted by the bidder along with their bid.

(B) Payment of any invoices shall not prejudice the right of Company to question the validity of any charges therein, provided Company within one year after the date of payment shall make and deliver to Consultant written notice of objection to any item or items the validity of which Company questions. (C) Consultant shall submit 2(two) sets of all invoices to Company address duly super scribed 'Original' and 'copy' as applicable for processing of payment. Such invoice should also contain the PAN No and Service Tax Registration No of the Consultant.

(D) Consultant shall submit invoices to Company along with requisite supporting documents for reimbursement of expenditure as per timeline given under 4.2.(C).

(E) Payment of invoices, if undisputed, shall be made within 30 days following the date of receipt of invoice by Company after deduction of tax at source as per applicable laws.

(F) Company shall within 21 days of receipt of the invoice notify Consultant of any item under dispute, specifying the reasons thereof, in which event, the payment of the disputed amount may be withheld until settlement of the dispute, but payment shall be made of any undisputed portion. This will not prejudice the Company's right to question the validity of the payment at a later date as envisaged in sub-clause 4.3.(B) above.

(G) The acceptance by Consultant of part payment on any billing not paid on or before the due date shall not be deemed a waiver of Consultant’s rights in respect of any other billing, the payment of which may then or thereafter be due.

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SECTION – V TECHNICAL BID (To be submitted by the bidder )

1. Company /Firm Name

2. Headquarters / Address

3. If Headquarters is not in India, Address of the Company/Firm in India

4. Date of incorporation of the firm / Company.

5. Presence and locations of Offices in India

6. Details experience in comprehensive implementation programme of US GAAP, IAS, or IFRS for a minimum of two Telecom Service providers in India or abroad (other than MTNL) & turnover of 2 Telecom service providers in last 3 years

7. Details of experience of internal / external audit/accounting advisory/consulting work with companies presenting financials under IFRS/US GAAP/IAS.

8. Details of completed implementation of IFRS/US GAAP/IAS for at least 10 companies in last five years of which at least 3 should be listed companies on any stock exchange.

9. Presentation to MTNL – As part of technical bid, a detailed power point presentation by the bidder covering aspects of basic qualifying criteria, credentials, experience and expertise etc to carry out said job by MTNL is to be furnished in hard copy.

10. Indicate the years of experience that the Firm has on IFRS/ IAS/ US GAAP conversion assignments in India.

11.Details of the IFRS technical desk of the Firm and the size of IFRS/IAS/US GAAP accredited personnel in the Firm. Specifically, identify any representation on the key industry, regulatory and accounting boards/committees set up for the IFRS/IAS/US GAAP convergence in India.

12. Details of IFRS/IAS/US GAAP thought leadership publications and surveys of

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the Firm in India. Specifically, provide access to the Firms IFRS/IAS/US GAAP learning resources.

13. Present on an indicative basis by key areas, the impact that Ind AS adoption will have on the financial statements and business of MTNL. Specifically, provide a broad analysis of Ind AS adoption impact by global telecoms from the publicly available data not exceeding 2 pages..

14. Details of the IFRS/Ind AS knowledge base of the Firm and other tools & enablers used by the Firm in implementation of IFRS/Ind AS

15. Details of IFRS/Ind AS learning modules of the Firm available

16. Name & Designation of the authorized signatory

17. Detail of payment for EOI documents

18. Detail of EMD/Bid Security

19. Turnover of company/Firm for last three years with details.

20. Net worth of company/Firm with details.

21. Service tax Registration No.

I / We agree to

1) Deliver all the deliverables mentioned under Section III of this E O I 2) The condition that MTNL will provide space, connectivity, raw power supply, the

access and media links to the appropriate network element(s) to facilitate the provision of the services and may provide the requisite Public IP addresses also, if required.

3) Comply with all terms & conditions of E O I. (Signature of Authorised Signatory)

Official Seal

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SECTION – IX FINANCIAL BID (To be submitted by the bidder )

Please quote the followings: Total lump sum amount quoted for : INR............................................../-

Amount in Words :.(.................................................................................) Note:

1. The total lum sum amount quoted above will be bifurcated in Phase 1 & Phase 2 (a) & 2 (b) in following proportion and work order will be issued phase wise and payment will be released accordingly. The value of work order phase will be as follow: Description of Services % of total contract value Impact Assessment (Phase 1) 34 % Preparation of F S for F Y 15-16 alongwith associated work as mentioned in section IV ( Phase 2 (a) )

33 %

Preparation of F S for F Y 16-17 alongwith associated work as mentioned in section IV ( Phase 2 (b) )

33%

2. The above fee is inclusive of all out-of-pocket expenses except service tax. No out-of-pocket expenses shall be paid in addition.

3. The above fee is excluding service-tax. Service Tax, as applicable from time to time, shall be on company’s account, however liability for payment of the service tax shall lie on the Consultant

4. All other taxes are to be borne by the Consultant. TDS as applicable shall be deducted and certificate as required by the Income-tax Act 1961 shall be issued.

5. The above quoted lump-sum fee are fixed and firm for the entire tenure of the

contract and shall be binding on both the parties. No changes in these rates shall

be allowed under any circumstances during the tenure of this service agreement.

6. The above quoted lump-sum fee are all inclusive, no separate payment shall be

made for TA/DA, boarding lodging and other out of pocket expenses.

7. The tenure of the contract will be of 2 years from the effective date of the contract as given in Letter of Award.

8. The bidder should undertake to maintain confidentiality of the information shared

with them in performing with the contractual obligation.

(Signature of Authorised Signatory) Name……………………………. Official Seal

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SECTION-VI PART-A

BID FORM To,

Chief Accounts Officer, Accounts, 4th Floor, Doorsanchar Sadan, 9 CGO Complex, Lodhi Road, New Delhi – 110 003.

Dear Sir,

1. Having examined the conditions of contract and specifications including addenda Nos……………………..the receipt of which is hereby duly acknowledged, we, undersigned, offer to provide services ………………………………………………in conformity with the said drawings, conditions of contract and specifications for the sum shown in the price schedule attached herewith and made part of this bid.

2. We undertake, if our bid is accepted, to commence deliveries / service within two weeks and to complete delivery/service of all the items specified in the contract as per the delivery schedule laid out in the EOI document.

3. If our bid is accepted, we will obtain the performance guarantees of a Scheduled Bank for a sum @ 5% of the contract value for the due performance of the contract.

4. We agree to abide by this bid for a period of 180 Days from the date fixed for bid opening and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

5. Until a formal Work/Work Order of contract is prepared and executed, this bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us.

6. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement.

7. We understand that you are not bound to accept the lowest or any bid you may

receive. Dated this …………………………day of ……………….2015

Name and Signature…………………………………………………………………….

In the capacity of……………………….

Duly authorized to sign the bid for and on behalf of…………………………………..

Witness………………………

Address………………………

Signature…….………………

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SECTION-VI (PART-B)

BID FORM

1. i) Name of the Company ii) Mailing Address

Telephone: Mobile: Fax: E-mail:

2. Designated contact person with details: 3. Details of experience on this work. (Attach self attested proof of the claim) 4. Turn over during the last three Financial years ended with 2012-13,2013-14 & 2014-15. (Attach audited financial results/ annual reports) 5. Whether the scope has been successfully implemented in any other organisation? If so, give details of such organisation. 6. What is the maximum time limit within which the work will be completed? 7. State whether the services offered conform to the specifications in the EOI and subsequent amendment, if any clearly state the deviations, if any. 9. Constitution of the Company/Firm/LLP i.e. is the company is registered under i) The Indian Companies Act, 1956 or 2013 ii) The Indian Partnership Act, 1931 Name of the Partners i) ii) iii)

iii) Any other Act (give details) 11. PAN No of the Proprietor/Partners/Company. Signature with Stamp

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SECTION VII BID SECURITY FORM (In Rs.100/- stamp paper)

Whereas.................................. (hereinafter called “the Bidder”) has submitted its bid dated............for implementation of Ind AS vide EOI No……………… dated................KNOW ALL MEN by these presents that WE ............................. OF.................... having our registered office at .................(hereinafter called “the Bank”) are bound into MAHANAGAR TELEPHONE MTNL LIMITED (hereinafter called “as MTNL”) in the sum of Rs.................... for which payment will and truly to be made of the said EOI, the Bank binds itself, its successors and assigns by these present. THE CONDITIONS of the obligation are : 1. If the Bidder withdraws his bid during the period of bid validity specified by the Bidder on the Bid form or 2. If the Bidder, having been notified of the acceptance of his bid by the EOI during the period of bid validity

(a) fails or refuses to execute the Contract, if required; or (b) fails or refuses to furnish the Performance Security, in

accordance with the instructions to Bidders We undertake to pay to the MTNL up to the above amount upon receipt of its first written demand, without the MTNL having to substantiate its demand, provided that in its demand, the MTNL will note that the amount claimed by it is due to it owning to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force as specified in E O I up to and including THIRTY (30) days after the Period of bid validity and any demand in respect thereof should reach the Bank not later than the specified date/dates.

Signature of the Bank Authority.

Name Signed in Capacity of Name & Signature of witness Full address of Branch Address of witness Tel No. of Branch

Fax No. of Branch

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SECTION-VIII

(INDEMNITY BOND ON RS. 10/- STAMPED PAPER). ( IN CASE OF PARTNERSHIP FIRM/ PROPRIETOR OF FIRM/ COMPANY). DECLARATION: I---------------------------son of/ wife of Shri-----------------------and proprietor/ Director/partner/Authorized signatory of M/s------------------------------------do hereby solemnly affirm and declare as under: 1. That I am the sole prop./partner/Director/Authorized Signatory of M/s--------------------------------------------------has never ever been debarred and/ or blacklisted by any Deptt. of Central Govt./State Govt./PSU/Public bodies/ Municipalities and not having any on going litigation or court case pending or any other money suits also state that the bid is not submitted in the name of this firm while being Director or partner or proprietor of such firm which is either debarred, black-listed or has entertained litigation or having on going litigation or court cases or money suits pending regarding the failure of contractual obligation in implementation of IFRS/IAS/USGAAP/Ind AS. In case the above declarat ion is found to be incorrect or wrong, the contract if awarded to the f irm shall be terminated immediately and the f irm shall be liable to be black l isted/debarred for future works/contract s with MTNL/ by MTNL. Any such action shall however be without prejudice to MTNL’s rights under the law. That I state & declare that none of my near relative or any or the partners or other directors is working in MTNL. in general. The above declaration is given in accordance with the E O I conditions.

Signature of Prop./Partner/Director/Authorized Signatory.

(Shri/Smt./Miss) Note: The signatory should not affect any variation in the text of declaration. Declaration in any other form shall not be acceptable and render the EOI for penal action as decided by MTNL.

1. If the firm has been debarred and / or blacklisted by any Dept. Of Central Govt./State Govt./PSU/Public bodies / Municipalities in past and now the order has been revoked or period finished or court case is under process, then firm should furnish details of such cases.

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2. The authorized signatory is signing this indemnity bond on behalf of proprietor/directors/partners and will not relieve the proprietor/directors/partners from any /all the legal bindings as envisaged in E O I document.

(Signature of Authorised Signatory) Name……………………………. Official Seal

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SECTION X

PERFORMANCE SECURITY /GUARANTEE BOND (to be typed on Rs. 100/- non judicial stamp paper)

1. In consideration of the CMD, MTNL (hereinafter called ‘MTNL’) having agreed to exempt ___________________ (hereinafter called ‘the said contractor(s)’) from the demand under the terms and conditions of an agreement/Advance Work Order No ________________ dated ____________ made between _____________________ and __________________ for the supply of _______________________ (hereinafter called “the said agreement ”), of security deposit for the due fulfillment by the said contractor (s) of the terms and conditions contained in the said Agreement, on production of the bank guarantee for _____________________________________we, (name of the bank) _________________________ ( hereinafter refer to as “the bank”) at the request of ___________________________________ (contractor(s)) do hereby undertake to pay to the MTNL an amount not exceeding ___________________ against any loss or damage caused to or suffered or would be caused to or suffered by MTNL by reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement. 2. We (name of the bank) ____________________ do hereby undertake to pay the amounts due and payable under this guarantee without any demure, merely on a demand from the MTNL by reason of breach by the said contractor(s)’ of any of the terms or conditions contained in the said Agreement or by reason of the contractors(s)’ failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee where the decision of MTNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding ___________________________________. 3. We undertake to pay to MTNL any money so demanded notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the contractor(s)/supplier(s) shall have no claim against us for making such payment. 4. We (name of the bank)_________________________ further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the MTNL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till ________________________(office/Department) MTNL certifies that the terms and conditions of the said Agreement have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of TWO/TWO AND HALF/THREE YEARS (as specified in P.O) from the date hereof, we shall be discharged from all liabilities under this guarantee thereafter. 5. We (name of the bank)_________________________ further agree with the MTNL that the MTNL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor(s) from time to time or

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to postpone for any time or from time to time any of the powers exercisable by the MTNL against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the MTNL or any indulgence by the MTNL to the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/supplier(s). 7. We (name of the bank) ____________________ lastly undertake not to revoke this guarantee during its currency except with the prior consent of the MTNL in writing.

Dated the ________________ day of _______

for __________________________________ (Indicate the name of bank)

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SECTION X-A PERFORMANCE SECURITY /GUARANTEE BOND (to be typed on Rs. 100/- non judicial stamp paper)

1. In consideration of the Competent Authority, MTNL (hereinafter called ‘MTNL’) having agreed to exempt ___________________ (hereinafter called ‘the said contractor(s)’) from the demand under the terms and conditions of an agreement/Advance Work Order No ________________ dated ____________ made between _____________________ and __________________ for the delivery of services of _______________________ (hereinafter called “the said agreement ”), of security deposit for the due fulfillment by the said contractor (s) of the terms and conditions related to extension of Delivery Schedule contained in the said Agreement, on production of additional bank guarantee for _____________________________________we, (name of the bank) _________________________ ( hereinafter refer to as “the bank”) at the request of ___________________________________ (contractor(s)) do hereby undertake to pay to the MTNL an amount not exceeding ___________________ against any loss or damage caused to or suffered or would be caused to or suffered by MTNL by reason of any breach by the said Contractor(s) of any of the terms or conditions related to the Delivery Schedule contained in the said Agreement. 2. We (name of the bank) ____________________ do hereby undertake to pay the amounts due and payable under this guarantee without any demure, merely on a demand from the MTNL by reason of breach by the said contractor(s)’ of any of the Delivery Schedule related terms or conditions contained in the said Agreement or by reason of the contractors(s)’ failure to perform the said Agreement within the extended delivery schedule. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee where the decision of MTNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding ___________________________________. 3. We undertake to pay to the MTNL any money so demanded notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the contractor(s)/supplier(s) shall have no claim against us for making such payment. 4. We( name of the bank)_________________________ further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the Delivery Schedule related obligations against the said Agreement have been fully met or till ________________________(office/Department) MTNL certifies that the Delivery Schedule related terms and conditions of the said Agreement have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of ONE YEAR(for delivery of goods)/ONE AND HALF YEARS(for turnkey projects) from the date hereof, we shall be discharged from all liabilities under this guarantee thereafter. 5. We (name of the bank)_________________________ further agree with the MTNL that the MTNL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said

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Agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the MTNL against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the MTNL or any indulgence by the MTNL to the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/supplier(s). 7. We (name of the bank) ____________________ lastly undertake not to revoke this guarantee during its currency except with the previous consent of the MTNL in writing.

Dated the ________________ day of for__________________________________ (indicate the name of bank) Witness: 1………………. 2………………. *****

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SECTION-XI

AGREEMENT This Agreement made on this .......................day of ...................................Two

Thousand fifteen between M/s....................................................................... (here in after called as "..contractor..... ...... .............. .........................................." which expression shall include its successors and assignees) of the ONE PART and MAHANAGAR TELEPHONE NIGAM LIMITED, a Government of India Enterprise and a Government Company within the meaning of Section 2 (45) of the Companies Act 2013 and having its Registered Office at 9,CGO Complex Lodhi Road, New Delhi. (Hereinafter called "MTNL" or company which expression shall include its successors & assignees) of OTHER PART. Whereas MTNL has accepted the proposal of the bidder for implementation of Ind AS for total charges of Rs:............................../- (Rupees ........... ............ ......................... ................ ............ ..........). And whereas the parties hereto now agreed to enter into this contract for the said job in the manner here in after appearing. NOW THIS CONTRACT WITNESS AS FOLLOWS : 1. That the bidder shall truly & faithfully carry on the said job in proper manner and as

per EOI for implementation of Ind AS at MTNL. 2. The Bidder has to deliver the services as defined above within the stipulated time

period from the date of letter of award of work otherwise PBG/security deposit will be forfeited and offer will be treated as cancelled.

3. This contract agreement shall be in force from the date of entering in to the

contract till successful completion of the project. 4. In the event of the Bidder contractor’s business being dissolved/wound up or

becoming insolvent or going into liquidation or if the Bidder contractor shall cease to carry on its business or is unable to pay the dues of more than Rs:1,000/- to its creditors and any receiver is appointed and/or any attachment/distress warrant is levied in respect of its any assets/properties or if there is any operational statement, the MTNL shall then or any of such events/happenings entitled to terminate this contract with or without notice and pay its lawful dues up to the date of such termination. The Bidder will have no claim whatsoever against MTNL thereafter. It is without prejudice to MTNL’s any other legal remedies for any antecedent breach of the contract.

5. Any time or indulgence granted by MTNL will not be deemed to be a waiver on its

part or act as an estoppels preventing/prejudicing MTNL from advancing any claim for damages or otherwise against the Bidder contractor under the law or under this agreement.

6. In the event of any doubts, disputes or difference arisen out of or touching upon this

agreement or in connection herewith or for performance of the Bidder contractor’s obligation/s or for determination of rights and liabilities of either or both the parties hereto or the interpretation, of any clause, provision or condition of this Agreement (except as to any matters the decision of which is specially provided by those or any special conditions hereunder) during the continuance or expiration of this Agreement,

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the same shall be referred to the sole arbitration of the CMD, MTNL, or its nominee. The award of the Arbitration shall be final and binding on both the parties and the Arbitration shall be conducted according to the Arbitration Act 1996 or any statutory modification or re-enactment thereof.

7. The venue of arbitration shall be Delhi the place where the contract has been

signed or such other place as the CMD MTNL at his discretion may determine. In this clause the expression "CMD, MTNL" includes any other officer who is for the time being administrative head of the MTNL whether in addition to other functions or otherwise.

8. Neither MTNL nor the Bidder contractor shall be liable to each other for the

delay in or failure of performance of their respective obligations under this agreement caused by occurrences of events beyond the control of the parties known as force majeure including but not limited to fire (including failure or reductions) acts of God, act of public enemy, war, riots, strikes, lock-outs, sabotage, any law status or ordinance order action or regulations of the Governments or any agencies thereof or any other local authority, or any compliance therewith or any other causes, contingencies or circumstances similar to the above. On the happening of the one or any more of the above event, either party shall promptly but not later than twenty days thereafter notify in writing to other of the commencement and cessation of such status/tenure of force majeure condition or the beyond three months then both the parties will discuss to find out a fair and equitable solution to solve the stalemate or for termination of this agreement or otherwise decide the course of action so that MTNL’s interest may not suffer adversely.

9. Nothing contained in the last precedent clause shall, however, be deemed to

affect the right of MTNL or preclude them for or from termination of this agreement in case no such effective and mutually acceptable solution is found regardless of the fact that MTNL has entered into this agreement and that the obligations of the parties shall be extended for the duration of the period of force majeure or the said contingency by MTNL if and only if the notices as required under clause 8 above are given in time by the party concerned/affected and the contingency is established, if so required by the other party.

IN WITNESS whereof the parties executed this agreement on the day and year first above written. SIGNED AND DELIVERED FOR AND ON BEHALF OF THE ABOVE NAMED BIDDER__ contractor ______________________ SIGNED AND DELIVERED FOR AND ON BEHALF OF THE ABOVE NAMED MTNL.

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SECTION XII : ANNEXURES & PROFORMA ANNEXURE - I

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING (in case of off-line bid opening) To Chief Accounts Officer, Accounts, 4th Floor, Doorsanchar Sadan, 9 CGO Complex, Lodhi Road, New Delhi – 110 003. Subject : Authorization for attending bid opening on ________________________________(date) in the EOI of

_____________________________________________.

Following persons are hereby authorized to attend the bid opening for the EOI mentioned above on behalf of _______________________ ______________________ (Bidder) in order of preference given below. Order of Preference Name Specimen Signatures I. II. Alternate Representative Signatures of bidder Or Officer authorized to sign the bid Documents on behalf of the bidder. Note : 1. Maximum of two representatives will be permitted to attend bid

opening. In cases where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to attend.

2. Permission for entry to the hall where bids are opened, may be refused in

case authorization as prescribed above is not received.

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ANNEXURE - II

STATEMENT OF NON-COMPLIANCE (Only exceptions/deviations to be rendered)

The Bidder shall furnish detailed statement of exceptions/deviations, if any, to the EOI stipulations, terms and conditions in respect of each Section of Bid Document in the following format:

Section Clause No. Non-Compliance Remarks No. (Page No.)

Authorised Person’s Signature: _________________ Name: _______________________________ Designation:_________________________ Seal of the Bidder:

NOTE: MTNL expects the bidders to fully accept the terms and conditions of the bid document. However, should the bidders still envisage some exceptions/deviations to the terms and conditions of the bid document, the same should be indicated as per above format and submit along with their bids. If the “Statement of Non-Compliance” in the above Proforma is left blank (or not submitted along with the technical bid), then it would be construed that the bidder has not taken any exception/deviation to the EOI requirements.

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ANNEXURE -III

[TO BE FILLED-UP / SUBMITTED BY THE BIDDER ON ITS LETTER HEAD FOR E-REMITTANCE] Name: FULL Address:

Phone Number : Mobile Number : E-mail address: Fax Number : Bank Account Number (in which the Bidder wants remittance against invoices): Bank Name : Branch : Address of the Bank:

Bank Code : IFSC/RTGS Code of the Bank: NEFT Code of the Bank : PAN Number : Service Tax Registration Number:

_______________________________ Signature of Bidder with Official Seal

*****************************************************

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