MAHANAGAR TELEPHONE NIGAM LIMITED
(A Government of India Enterprise)
O/o CMD, Mahanagar Doorsanchar Sadan,
9 CGO Complex, Lodhi Road, New Delhi-110003.
(Appointment of Consultant for GST Compliance)
E O I No. & DATE: MTNL/CO/DGM(Cash & Tax)/GST/2016-17 Dated 24.01.2017
Cost of Tender Document: Rs. 525/- (Rupees Five Hundred twenty five Only) Incl. Vat.
Date of Opening of Sale of EOI Form : 30.1.2017
Date of Closing of Sale of EOI Form : 16.02.2017
Date of Opening of EOI : 17.02.2017
E O I No. & DATE: MTNL/CO/DGM(Cash & Tax)/GST/2016-17 Dated 24.01.2017
MAHANAGAR TELEPHONE MTNL LIMITED
(A Government of India Enterprise)
SECTION I: NOTICE INVITING EXPRESSION OF INTEREST (E O I)
E O I No. & DATE: ______
Opening Date of Sale of Tender (E O I) Form : 30.1.2017
Last Date for Sale of Tender (E O I) Form : 16.2.2017(15:00 HRS)
Closing date and time of submission of bids: 17.02.2017(11:00 HRS)
Date of opening of techno commercial bids: 17.02.2017(15:00 HRS)
Cost of EOI Documents: Rs 525/- ( including 5% VAT).
On behalf of CMD, Mahanagar Telephone Nigam Limited wax sealed Expression of interest are invited from eligible firms for Appointment as Consultant for GST Compliance 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 DGM(Cash & Tax), MTNL Corporate Office, Room No: 4505,4th Floor, Mahanagar Doorsanchar Sadan, CGO Complex, Lodhi Road, New Delhi-110003, Tel: +_011-24325571email: download from the MTNL site i.e. internet
The Bid must be submitted on-line on web site by as well as off-lineby 17.02.2017 11:00 HRS and must be 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.50000/- (INR Fifty Thousand only).Special instructions to Bidders for e-Tendering is at Annexure-VIII.
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 separately.
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).
DGM(Cash & Tax)
(MTNL, Corporate Office)
E O I No. & DATE: MTNL/CO/DGM(Cash & Tax)/GST/2016-17 Dated 24.01.2017
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 / 2-4
2 / Check List / ANNEXURE-A / 5
3 / Instruction to bidders. / II / 6-17
4 / General Conditions of Contract. / III / 18-22
PART-A (TECHNO-COMMERCIAL BID) :
5 / Special terms & conditions of contract / IV / 23-30
6 / Technical Bid / V / 31-32
7 / Bid Form Part A & B / VI / 34-35
8 / Proforma for Bid security / VII / 36
9 / Letter of Authorization for attending bid opening. / Proforma-I / 43
10 / Indemnity Bond on Rs.100/- N.J. Stamp Paper. / VIII / 37
PART-B (FINANCIAL BID )
11 / Financial Bid / IX / 33
PART-C (DOCUMENTS REQUIRED AT THE TIME OF AWARD OF CONTRACT).
12 / Performance Security Guarantee Form. / X / 38-40
13 / Proforma for Agreement. / XI / 41-42
14 / Annexures & Proforma / XII / 43-56
Before submitting the E O I document 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. The enclosed document must reach well before closing time, by 11 Hrs. on 17.02.2017, 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,
DGM(Cash & Tax)
(MTNL, Corporate Office)
E O I No. & DATE: MTNL/CO/DGM(Cash & Tax)/GST/2016-17 Dated 24.01.2017
SECTION 1:
Expression of Interest (EOI) for appointment of a Consultant for consultancy services for changes required to be made in MTNL for GST compliance and to provide assistance and advice in MTNL carrying out such changes in the related functions including IT software, accounting software, billing system etc for MTNL including Delhi, Mumbai, WS & Corporate Office units.
S. No. / Name of the Item/ Work / Bid Security /Earnest MoneyDeposit Amount
for the EOI
1. / Consultancy Services for making MTNL as GST compliant for accounting, IT application systems, and liability discharging purposesincluding Tax compliances / Rs. 50,000/-
MTNL is engaged in the business of providing telecommunication. MTNL has its operations in Delhi, and Mumbai. Presently MTNL having Service tax registration at Unit level i.e Mumbai & Delhi. Similarly Sales Tax/ VAT, Income Tax, Central Sales Tax registration is also at Unit Levels.
With the intent of aligning the current tax operations of the company with the proposed GST regime, MTNL proposes to prepare an action plan to become GST compliant. The objective is to avoid any impact on business operations due to transition to the GST regime so as to ensure full compliance under GST and also to ensure that all the benefits of GST are realized by the company.
MTNL hereby invites proposals from interested & eligible bidders for advisory and implementation services that suggest procedural and IT application changes and thereafter assist in the deployment of changes suggested to transform the tax functions of MTNL to make them GST compliant.
Purchase of EOI Document: EOI document can be obtained from the office of DGM(Cash & Tax)CO, Room No.4505, 4th Floor, MDS Sadan, 9 CGO Complex, Lodhi Road, Delhi-03 or can be downloaded form The fee for EOI is Rs.525/-(Five hundred twenty five only) Incl. VAT . In case, the EOI is downloaded, Cash/DD in favour of AO CASH MTNL may be submitted along with the EoI.
Yours faithfully,
DGM(Cash & Tax)
(MTNL, Corporate Office)
E O I No. & DATE: MTNL/CO/DGM(Cash & Tax)/GST/2016-17 Dated 24.01.2017
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/ No1 / Certificate of incorporation of Firm/LLP
2 / Articles of and 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 BG or DD for Rs.50000/-
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 to indirect tax compliances viz. Service tax, VAT, Central excise , Customs duty (CVD etc) and CST as well as the accounting part of these taxes vis-a-vis accounting and audit standards and IND AS, knowledge of working on Billing system and IT Hardware . (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, IFSC/MICR Code and Account no for E payment.
14 / Clause by Clause Compliance certificate.
(Sign. of the bidder with seal)
Name…………………………….
Official Seal
E O I No. & DATE: MTNL/CO/DGM(Cash & Tax)/GST/2016-17 Dated 24.01.2017
SECTION – II : INSTRUCTIONS TO BIDDERS
(Special instructions to Bidders for e-Tendering is enclosed as Annexure-VIII)
A. / INTRODUCTION1. / 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 constitute the contract.
“Firm” shall mean a firm/LLP/ Company (As defined in Chartered Accountants Act, 1949 or partnership Act including LLP act or Companies Acts) rendering accounting, taxation, Information Technology and regulatory services for a minimum period of three years
“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 The Bidder must be either a registered partnership firm or LLP or a company and registered in India and should have been in business of consulting/Auditing/Accounts/taxation services in India at least for the last five years and should have either Head Office or Branch Office available both in Delhi & Mumbai. Copy of Indian registration and other details of offices etc.should be attached.2.2The Bidder should have an average annual turnover (audited) of INR 10 crores or more in last three financial years i.e. 2013-14, 2014-15 and 2015-16 and net worth of INR 2 crores as per latest audited financial statement. This turnover & Net Worth of the firm should be supported by audited balance sheet or certified annual report.
2.3 The bidder should have an experience of providing indirect taxation services to at least 3 clients having turnover of more than Rs.300 Crores and expertise to provide indirect tax etc. to any telecom operatorhaving any telecom license i.e.UASL, CMTS,Basic, ISP, NLD & ILD(Client certificate is to be submitted).
2.4 The 2 key team members deployed on the project must be employed by the bidder or/and its group firm/company who should have a professional degree i.e.CA/CS/LLB should have relevant experience of 5 years in the indirect taxation . Similarly, 1key members out of the deployed team should have telecom expertise billing /IT operations/indirect taxation (Self declaration is required to be submitted by bidder with full details).The team combination/constitution shall be as per following:-
- Expertise of the 2 Key team members in the field of indirect taxation of more than 5 years.
- Expertise of the 1 Key team members of more than 5 years in the field of Performance Improvement to advise the Company on areas where the business process requires modifications.
- Expertise of the 1 key team members in the field of working on Telecom Operator’s systems viz. Billing systems ERP/CRM(Eg. CDR, IN, GSM/ Enterprise Billing etc.) for a period of more than 5 years.
- Therefore, 4 team members shall be invariably deployed on the project with above background.
2.6 The bidder or/and its group firm/company should have atleast 10 Technically Qualified Professionals on their rolls in the area of Telecommunications/ Consultancy/ Taxation/ Finance Accounting in which least 5 qualified and experienced persons shall be in finance and taxation with relevant qualifications viz. CS/CA/MBA/LLB/B.Tech(IT)/Computers etc.
2.7 Only upto 50% of Key Team members as per the list supplied by the successful bidder to be put on project can be changed during the entire duration of the contract with the permission of MTNL provided the changed key member(s) will satisfy the eligibility requirements of clause 2.4 above. The Bidder is not allowed to make changes in key team members beyond 75%. All the changes in key members may be made after prior written consent of MTNL
2.8 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 and also should furnish details of near relatives of the bidder working in MTNL. The bidder should give a certificate that none of his/her near relative is working in the units as defined below where he is going to apply for the tender. In case of proprietorship firm certificate will be given by the proprietor. For partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company excluding Government of India/Financial institution nominees and independent non-Official part time Directors appointed by Govt. of India or the Governor of the state. Due to any breach of these conditions by the company or firm or any other person the tender will be cancelled and Bid Security will be forfeited at any stage whenever it is noticed and MTNL will not pay any damage to the company or firm or the concerned person.
The company or firm or the person will also be debarred for further participation in the concerned unit.
The near relatives for this purpose are defined as:-
(a) Members of a Hindu undivided family.
(b) They are husband and wife.
(c) The one is related to the other in the manner as father, mother, son(s) & Son’s wife (daughter in law), Daughter(s) and daughter’s husband (son in law), brother(s) and brother’s wife, sister(s) and sister’s husband (brother in law).
The format of the certificate to be given is “I…………..s/o…….……r/o…………….. hereby certify that none of my relative(s) as defined in the tender document is/are employed in MTNL unit as per details given in tender document. In case at any stage, it is found that the information given by me is false/incorrect, MTNL shall have the absolute right to take any action as deemed fit/without any prior intimation to me.”
2.9 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.
2.10The bidder firm/LLP/Company should have a valid Service Tax Registration Certificate. Copy to be attached as proof.
2.11The bidder firm/LLP/Company shall be eligible to take part in the E O I only if it 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)
3 / SCOPE OF WORK AND DELIVERABLES
The indicative scope of work in connection with implementation of GST is included in Section IV: SCC
4 / TIMELINES
The entire assignment has to be completed as per time schedule specified. The 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 will be made.
-Payment will be made after getting satisfactory work certificate.
-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
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 &VII-A.
7.1.9 / Performance security bond form. – Section X & X-A
7.1.10 / Annexure I to V including 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 / 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 Annexure II of Section XII 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 DGM(Cash & Tax), MTNL Corporate Office, Room No: 4505, 4th Floor, Mahanagar Doorsanchar Sadan, 9 CGO Complex, Lodhi Road, New Delhi-110003, Tel: +91 011 24325571 email and such queries/clarifications must reach in MTNL’s office latest by 09.02.2017, up to 14:00 HRS and verify website up to last date for submission of E O I. so that MTNL provided clarifications of such queries through email/Fax 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.