Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts)...

83
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

Transcript of Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts)...

Page 1: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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

Page 2: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

E O I No. & DATE: MTNL/CO/DGM(Cash & Tax)/GST/2016-17 Dated 24.01.2017MAHANAGAR 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: +_011-24325571 email:[email protected] download from the MTNL site i.e. internet www.mtnl.net.in

The Bid must be submitted on-line on web site by www.tcil-india-electronictender.com as well as off-line by 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)

Page 2 of 57

Page 3: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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 PageNo.

1 Notice Inviting E O I I 2-42 Check List ANNEXURE-A 53 Instruction to bidders. II 6-174 General Conditions of Contract. III 18-22

PART-A (TECHNO-COMMERCIAL BID) :5 Special terms & conditions of contract IV 23-306 Technical Bid V 31-327 Bid Form Part A & B VI 34-358 Proforma for Bid security VII 369 Letter of Authorization for attending bid opening. Proforma-I 4310 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 38-4013 Proforma for Agreement. XI 41-4214 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)

Page 3 of 57

Page 4: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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/ WorkBid Security /Earnest MoneyDeposit Amountfor the EOI

1.

Consultancy Services for making MTNL as GST compliant for accounting, IT application systems, and liability discharging purposes including 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 www.mtnl.net.in. 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)

Page 4 of 57

Page 5: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

E O I No. & DATE: MTNL/CO/DGM(Cash & Tax)/GST/2016-17 Dated 24.01.2017

ANNEXURE-ACHECKLIST

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 Firm/LLP2 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

Page 5 of 57

Page 6: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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. 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 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 CONDITIONS2.1 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.

2.2 The 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 operator having 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

Page 6 of 57

Page 7: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

experience of 5 years in the indirect taxation . Similarly, 1 key 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:-1. Expertise of the 2 Key team members in the field of indirect taxation of more than 5 years.2. 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.

3. 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.

4. Therefore, 4 team members shall be invariably deployed on the project with above background.

2.5 Since, the project involves integral contribution from experts from different areas; it is MTNL’s requirement that the bidder should have expertise in all the areas highlighted above. The bidder should provide the list of Key team members who would be deployed on this project. The team members should have experience as indicated above and the same should be indicated in the resumes.2.6 The bidder or/and its group firm/company should have at least 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 con-cerned 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).

Page 7 of 57

Page 8: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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 informa-tion 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

Page 8 of 57

Page 9: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

7.1.1 Notice Inviting E O I. – Section I

7.1.2 Instructions to bidder. – Section II

7.1.37.1.4

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

7.1.117.1.12

Indemnity Bond – Section VIIIBid 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 [email protected] 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.

9 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.

9.2 The amendments shall be updated on the website of MTNL or notified in writing or by FAX/mail to

Page 9 of 57

Page 10: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

all prospective bidders on the address intimated at the time of issue of bid document by the MTNL and these amendments will be binding on them.

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

It shall be a two bid system, whereby the bidder shall submit the Technical bid and financial bid in separate envelopes, which shall be opened separately. 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 REQUIREDThe technical bid prepared by the bidder shall comprise the following components : -

10.1.1 Bid security in the form of DD & BG as per clause 12 of this section.

10.1.2 Clause by clause compliance of all Sections of E O I.

10.1.3 Letter of Authorisation for attending bid opening (in prescribed format of section – XII).

10.1.4 Annual reports of last three years i.e F.Y. 2013-14, to 2015-16, 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/GST (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.

10.1.1310.1.1410.1.15

EPF & ESI No & proof for payment for its employees(if applicable)Photocopy of PANName of the Bank, Branch, MICR Code, IFS Code & Account no for e-payment

Page 10 of 57

Page 11: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

10.1.16 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 authorized director(s).

11. BID PRICES

11.1 The bidder shall give the quote for total implementation of GST in MTNL and the offer shall be firm in Indian Rupees and payment will also be done in Indian rupees only by MTNL. The amount shall be excluding Service tax which will be payable as per prevailing rate and however the consolidated price including service tax as per prevailing rate of service tax as of now has to quoted with break up service charges and service tax separately with any other charges, if any.

11.2 The consolidated all inclusive amount quoted by the bidder as per 11.1 shall remain fixed during the entire period of contract and shall not be subject to variation except on account of Service tax or GST. In case after finalisation or before of the contract and during the contract period , if there is any change in the tax rates of Service tax or GST , MTNL will be liable to pay the difference amount of tax only to the extent the credit of it is possible/allowable under the law and over and above the same, the bidder has to bear the liability of excess amount for which credit is not allowable as per the tax laws. A bid submitted with an adjustable quotation amount will be treated as non - responsive and rejected. Payment for Cenvatable taxes is on actual basis.

11.3 The amount approved by MTNL for project will be all inclusive and service tax which will be paid on prevailing rate subject to para 11.2 above. Break-up in various heads including service tax paid/payable, is to be mentioned which shall be for the information of the MTNL and any change in these shall have the effect as per para11.2 above.

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.50000/- The Bid security is kept considering the invitation to be responded by serious players and has no link to cost estimation.

12.2 The bid security shall be in the form of Bank Guarantee (BG) 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 VII. In lieu of BG, bidder may issue Demand Draft in favour of MTNL. The original BG or demand draft as the case may be shall be received on or before 11:00 Hrs on 17-2-2017. Bid received without bid security shall be rejected summarily.

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

Page 11 of 57

Page 12: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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.

It is clarified that non-participation of the bidder in any discussion, presentation, process etc. In relation to the instant EOI, will be treated as withdrawal from the bidding process.

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 and in that event , it will not cause forfeiture of the bid security.A bidder accepting the request and granting extension will not be permitted to modify his bid.

D SUBMISSION OF BID

14 SEALING AND MARKING OF BIDS:

A

14.1

14.2

14.3

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 EoI documents with full understanding of its implications. Bids not complying with all the given clauses in this EoI documents are liable to be rejected. Failure to furnish all information required in the EoI document or submission of a bid not substantially responsive to the EoI 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 TCIL website https://www.tcil-india-electrionictender.com latest by 11:00 hrs on 17.02.2017.

The on-line bids should be submitted as under:-

Page 12 of 57

Page 13: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

B.

14.4

1. On-line bids (complete in all respect) must uploaded on MTNL e-procurement website https://www.tcil-india-electrionictender.com latest by 11:00 hrs on 17.02.2017.

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 timings.

4. EOI bid must 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 EOI notice or submission of EoI bids.9. bidder 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 EoI document will be rejected straightway.11. No deviation from the EoI 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 officer 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 https://www.tcil-india-electrionictender.com. For any assistance in this regard, following officer of MTNL may be contacted. For detailed instructions refer Annexure-VIII.

Shri Sanjay Chaudhary, Dy. Mgr.(MM), Tel.011-24328637

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 and process mentioned for off-line bidding shall be followed.

Off-Line Bids Submission:

Hard copy of bids shall be submitted in two envelopes as mentioned below and must be sealed and marked properly and reviewed by the bidder, before 11:00 Hrs on 17.02.2017.

14.5 ENVELOPE ‘A’: Technical bid in triplicate (1+2) as per Section II/Section V, 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: E O I No. & DATE: MTNL/CO/DGM(Cash & Tax)/GST/2016-17 Dated 24.01.2017 for Envelope A and Super scribing “Financial bid” for E O I No. E O I No: E O I No. &

Page 13 of 57

Page 14: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

DATE: MTNL/CO/DGM(Cash & Tax)/GST/2016-17 Dated 24.01.2017 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 “ DGM(Cash & Tax), Corporate Office, Room No 4505, 4th floor, MTNL Doorsanchar Sadan, 9 CGO Complex, Lodhi Road, New Delhi – 110 003”. Envelope A i.e. Technical bid will be opened first on 17.02.2017 at 15:00 hours. 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 DGM(Cash & Tax), Corporate Office, Room No 4505, 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 DGM(Cash & Tax), Corporate Office, Room No 4505, 4th floor, MTNL Doorsanchar Sadan, 9 CGO Complex, Lodhi Road, New Delhi – 110 003” on or before 17.02.2017 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.

15MODIFICATION 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 /mail but followed by a signed confirmation copy by post not later than the deadline for submission of bids.

E BID OPENING AND EVALUATION

16

A

16.1

B

Opening of Bids by MTNL

On-line Opening of Bids:-

Venue of E.O.I Opening: EOI will be opened in the office of DGM(Cash & Tax),Corporate office Room No 4505, 4th Floor, Mahanagar Doorsanchar Sadan, 9 CGO Complex, Lodhi Road, New Delhi – 110 003” at 15:00 Hrs on the due date.

If due to any administrative reason, the venue of Bid opening is changed; it will be displayed prominently on the website of MTNL and notice boards of Mahanagar Door sanchar Sadan Building, 9, CGO Complex Lodhi Road, New Delhi.

Off-line Opening of Bids:-

16.2 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. 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

Page 14 of 57

Page 15: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

they are allowed to participate in bid opening ( Format at Annexure-I is given in 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 para14.5 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

17.5

MTNL may waive any minor infirmity or non-conformity or irregularity in a bid which 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 grand total value of all phases quoted by bidder net of Cenvatable duties.

Page 15 of 57

Page 16: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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 CONTRACTAWARD OF WORK

20.1 MTNL shall consider for award of work only 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 technically eligible bidders.

20.2

20.3

MTNL is not bound to accept the lowest or any Bid and reserves to himself the right to accept or reject the whole or any part of the Bid 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. If performance of 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 .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 14 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:

Page 16 of 57

Page 17: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

The MTNL shall have the right to cancel the contract wholly or in part in the event he is obliged to

E O I No. & DATE: MTNL/CO/DGM(Cash & Tax)/GST/2016-17 Dated 24.01.2017

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.

Page 17 of 57

Page 18: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

SECTION III : GCC

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT1. 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. EXCLUSIVITYThe Agreement shall not restrict MTNL from contracting for identical or similar services from any other person.4. DISCLAIMERMTNL 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 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.

Page 18 of 57

Page 19: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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 Bid/tender accepted within 14 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 for 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 2 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 and the work order 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 which is w/o prejudice to MTNL’s right to resort to other punitive measures..

Note: In case after finalisation or before of the contract and during the contract period, if there is any change in the tax rates of Service tax or GST , MTNL will be liable to pay the difference amount of tax only to the extent the credit of it is possible/allowable under the law and over and above the same, the bidder has to bear the liability of excess amount for which credit is not allowable as per the tax laws.

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

New Delhi – 110 003.

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.

Page 19 of 57

Page 20: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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 Letter of Intent (LOI)/Letter of Award of work (LOA). In case the deliveries of services are not completed in the stipulated delivery period, as indicated in the LOI/LOA , MTNL reserves the right to cancel the said LOA and/or take recourse to the other provisions of the contract. . 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 vendors. 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. LIQUIDATED DAMAGES12.1 The date of satisfactory completion of performance delivery of services stipulated in the LOI/LOA/Go-Live work order for phases w.r.t. time lines and deliverables prescribed should be deemed to be the essence of the contract and 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 right to recover liquidated damages 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, liquidated damages, not in the nature of penalty, but as an agreed, genuine, pre-estimate of the damages duly agreed by the parties, at the rate of 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. This is an agreed, genuine, pre-estimate of the damages duly agreed by the parties.

12.3 The penalty as per above shall be limited to a maximum of 12% of the total contract value.13 FORCE MAJEUREIf, 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

Page 20 of 57

Page 21: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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

(i) 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

(ii) 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.

14.2 In the event the MTNL terminates the contract in whole or in part pursuant to clause 13 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 & DISPUTE RESOLUTION

All the disputes, differences, controversies / differences of opinions, breaches and violation arising from the Agreement between parties shall be resolved by mutual discussions / reconciliations in good faith.

If the dispute, difference, controversies / differences of opinion, breaches and violation arising from or related to the Agreement, then such questions, disputes or differences (except as to the matters, the decision to which is specifically provided under this Agreement) shall be referred to the sole arbitration of any person appointed in terms of the provisions of Arbitration and Conciliation Act 1996 (As amended from time to time) by the Chairman and Managing Director, MTNL or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of any person appointed by such officer for the time being entrusted(whether in addition to his own duties or otherwise) with the functions of the Chairman and Managing Director, MTNL or by whatever designation such an officer may be called (hereinafter referred to as the said officer)., In the event of such an Arbitrator to whom the matter is referred, being vacating his office or neglecting his work or being unable to act for any reason whatsoever, the Chairman and Managing Director, MTNL or the said officer shall appoint another person to act as an Arbitrator and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

The Arbitration and Conciliation Act, 1996 as amended from time to time and the rules made thereunder shall be deemed to apply to the arbitration proceedings under this clause.

The venue of the Arbitration proceedings shall be Delhi.

Page 21 of 57

Page 22: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

The Courts at New Delhi will have the jurisdiction in respect of all the issues Contract/Work order.The venue of the Arbitration proceedings shall be Delhi/Mumbai, as the case maybe.The commercial disputes between Central Public Sector Enterprises inter se and Central Public Sector Enterprise(s) and Central Government Departments shall be settled through PMA in the Department of Public Enterprises the guidelines for which have been circulated by DPE vide letter No. 4(1)/2011-DPE (PMA)-GL dated 12.06.2013.

 17 In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause.  The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator”.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.

18. INDEMNITY

The Bidder shall agree to indemnify and hold harmless MTNL and its managers, officers, members and employees promptly upon demand at any time and from time to time, from and against any and all losses, claims, damages, liabilities, costs (including reasonable attorney’s fees and disbursements) and expenses (collectively “Losses”) to which MTNL may become subject, insofar as such Losses directly arise out of, or in any way relate to, or result from but not limited to :

a) any mis-statement or any breach of any representation or warranty made by the Bidder b) the failure by the Bidder to fulfill any agreement, covenant or condition contained in this

contract, including without limitation the breach of any of the terms and conditions of this contract by any employee or agent of the Bidder or

c) any claim or proceeding by any third party against MTNL arising out of any act, deed or omission by the Bidder

d) violation of copyright/intellectual property rights of any third party by the Bidder

For the avoidance of doubts, indemnification of losses pursuant to this clause shall be made in an amount or amounts sufficient to restore MTNL to the financial position it would have been if the losses not occurred.

Page 22 of 57

Page 23: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

SECTION IV : SCC

SPECIAL TERMS AND CONDITIONS OF CONTRACT:

A. General: MTNL, with the intent of aligning its current tax operations with the proposed GST regime.

B. Scope of Work:

1. The successful bidder should implement processes and controls for management of Indirect Taxes at Delhi and Mumbai units level for the implementation of GST. This would include assisting the MTNL in designing necessary reports required for compliance.

2. The period for fulfilment of the contract will be as per delivery schedule mentioned in clause 5.3 of Section II of EOI. The successful bidder should deploy enough personnel to start work in parallel in all phases envisaged in the detailed scope of work.

3. A detailed Scope of Work has been defined as under:-

DETAILED SCOPE OF THE WORK

MTNL, with the intent of aligning its current operations with the proposed Goods and Services Tax(GST) regime proposes to transform its functions. The detailed scope of work is basically to perform all actions required for fulfilling the objective of transforming the functions of MTNL to make them GST compliant from tax, IT and accounting perspectives etc.

MTNL has its operation as per the Licensee Area on Basic/CMTS/UASL license of Delhi & Mumbai and Corporate Office is at Delhi . MTNL’s consolidated accounts are prepared based on Services provided by MTNL which includes Basic telephony, wire-less services both post paid and pre paid (GSM) including roaming services, leased circuits, Value Added services, and Broadband and internet etc. 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 is done at Corporate office Delhi including the inter unit reconciliations. It may kindly be notice that Wireless Service License in Delhi includes Delhi, Fardiabad, Gurgaon, Noida and Greater Noida Urban area as per the License.

Billing is done at unit level i.e. in Mumbai & Delhi. Billing of Landline and Broad band through CSMS i.e. ( in house system developed by MTNL for billing of telephone bills). Billing of Leased lines is done through self developed software package. Billing for WS is done through modified version of CBCRM and financial accounting is done on WFMS. With reference to sales and taxation matter of WS, Annexure-VII may be referred please.

TDS/TCS and DVAT Returns are submitted sub-unit wise. Sales Tax and Service Tax returns are submitted at unit level i.e. Delhi and Mumbai.

Phase I : Planning, Design, Implementation of GST law based transition as of date on the basis of the evolving process for GST at governmental level & revise its function roll out (After the complete GST Law is available) in MTNL.A) MTNL envisages that with the passage of GST law the current framework of indirect taxes and state level taxes will undergo changes. All the amendments issued upto the final stage of implemention of GST requirements shall need to be considered by the consultant. They shall stand to be revised to comply at unit level

Page 23 of 57

Page 24: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

Delhi & Mumbai ( Including Basic, WS and Corporate Office). Successful bidder shall suggest changes required in current framework of taxation, organizational structure and the accounting and billing structure. B) It is to be understood that the successful bidder shall be responsible to bring in a competent technical and Finance team which will work in tandem with MTNL’s accounting and billing systems vendors to configure such changes successfully in the existing system.

GST shall impact mainly the following areas of MTNL:

IT Systems running in different Verticals and Intelligent Networks WFMS(Web enabled financial management system developed in house by MTNL for accounting. (For

details refer annexure-IV) CSMS(In house system developed by MTNL for billing of telephone bills.( For details refer annexure-V) IMS(In house developed by MTNL for Inventory Management System. (For details refer annexure-VI). Input Costs and Output Revenues Contracts Reporting and Compliances Accounting & Billing Processes Organisational Structure Valuation PricingC) Apart from the overall review of all processes the successful bidder shall visit the units dealing with indirect taxes and procurement at Delhi and Mumbai and also suggest meaningful changes in the manner in which MTNL current procurement practices are structured and the way forward into making them GST complaint.

a) Suggest changes to the procurement manual per se if required. b) Existing contracts i.e all procurement contracts for the supply of goods and services, maintenance contracts, inter operator contracts, international contracts and contracts entered into with third parties like Value added service providers, at unit level Delhi & Mumbai (including Basic, WS & Coprorate Office). c) Future contracts all procurement contracts for the supply of goods and services, maintenance contracts, inter operator contracts, international contracts and contracts entered into with third parties like Value added service providers. While implementing GST in MTNL it has to be kept in mind that units have different functionalities and one tailor made solution shall not fit for all. It is of extreme essence that the Consultant studies each category of Contracts appreciating its peculiarities and vagaries and arrives at solutions maximizing benefits that can be availed by MTNL by proper restructuring of existing and future contracts.

D) There must be a Project Monitoring Team of Successful bidder which remains exclusively involved in planning and monitoring of the instant project without fail. .E ) An indicative list of Software in different verticals of MTNL are as follows:-

i. CSMS: It is working on Unix Platform having SQLFORMS at front end and ODBMS is oracle. The code is written in ProC and function/procedures etc are written in SQL.

ii. FMS: The ODBMS is Orcale and the application (in Java) is deployed on oracle AS11.iii. FRS: The application is deployed on similar architecture that of CSMS.iv. CB-CRM: It is used for GMS retail billing, CRM and IUC billing. CRM is having Web based access and

the code is in Java 1.4. Intec: used for retail billing and code is in PEARL. IUC: used for inter connect billing. Rating Engine is in “C” and AUI is in Java 1.4.

v. ENBS-It is used for leased line billing.

Page 24 of 57

Page 25: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

The successful bidder shall suggest changes to be made into each of these IT systems and solutions which involve suggestion/advisory and vetting of changes so as to make them GST compliant. The successful bidder is not expected to execute these changes as the changes will be done by the concerned vendors for all these systems named above. However, necessary guidance needs to be given, from time to time, for successful execution of those changes by other concerned vendors.

The successful bidder will prepare a communication stratagem to be adopted by MTNL on the basis of blueprint so designed as a form of advisory to various Stakeholders/Partners/Third parties and for MTNL’s internal consumption wherein letters/FAQs/clarifications advising units/SSAs/units on aspects of change management and training thereof as enumerated in clause

F) In addition to above, Impact Assessment is to be done by successful bidder in the various areas which are as under:-

1. Tax Impact Assessment

1.1 Application of final GST Rates & Place of supply rules to MTNL.1.2 Advice on tax positions to be adopted for all revenue and expenditure1.3 Undertake tax impact analysis with the help of IT tools and standard methodology developed by the bidder.1.4 Design, implementation and transition plan from a GST perspective 1.5 Advise on revised compliance requirements Advise on invoicing, formats for returns, computation of taxes, assessments, audits, statutory records, etc. Advise on final GST Tax codes to be applied1.6 Analyze the impact on cash flow and profit & loss account after GST is implemented1.7 Suggest modifications in all existing Input data Forms like Customer Application Forms (CAF) etc., as per GST law for various services offered by MTNL. 1.8 Advice on pricing structure of services after GST is implemented1.9 Advise on reports required to be uploaded for compliances1.10 Advice on processes for managing Assessments and Litigation 1.11 Assist in preparing design and format of reconciliations which has to be performed at unit levels1.12 Assist in preparing a Compliance Manual for GST Compliances1.13 Provide a detailed report on the tax impact analysis on the business of MTNL due to GST1.14 Providing guidance regarding selection of option having highest Tax Benefit for MTNL2. Operation Impact Assessment 2.1 Review the current processes and identify the processes which would be impacted or would need to change due to introduction of GST.2.2 Advice and discuss the changes required in the current processes2.3 Suggest updates based on changes on account of GST

3. Accounting Impact Assessment

3.1 Analyse the WFMS/IMS for tax accounting3.2 Advise on the accounting procedures and practices to be followed by the company for recording and preparing its accounts after GST roll out3.3 Advice and evaluate accounting impact due to the implementation of GST w.r.t. unbilled amount, unidentified receipts; disputed amount with customers & subsequent waivers etc; 3.4 Advice on the treatment to be adopted by the Company for taxation purposes to book various assets, liabilities, income, expense/ accruals for accounting purposes. 3.5 Tax recognition – Accounting impact evaluation e.g. in the context of point of recognition of GST liability, estimation process i.e. on sale to distributor vs activation, reporting implications for outstanding amount, evaluation of recoverability of blocked credits

Page 25 of 57

Page 26: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

impact in case of expiry of RCVs;

3.6 Map the procedures to be followed for payment and accounting in the systems3.7 Advise on Chart of accounts to address transitional impact and ongoing compliance in view of easy maintenance, retrieval and auditable information; 3.8 Advise on updating of accounting guideline and process manual3.9 Analyze document and validate current state business processes and technology landscape for operations, tax, accounting and compliance3.10 MTNL has appointed consultant for implementation of Indian Accounting Standard. If required, the accounting implication for GST implementation may have to be discussed with consultant.

4. Technology Impact Assessment MTNL has various types of IT systems which are using for providing service to the customers, billing, accounting, taxation, etc. Successful bidder has to work in tandem with the existing IT systems to make GST compliant.

4.1 Evaluate changes required in existing technology infrastructure or introduction of new technology infrastructure requirements for GST compliance4.2 Highlight gaps in existing data and new tax architecture and data requirements as per GST4.3 Preparation of detailed approach document in tandem with OEM /operation service Providers of respective IT systems like CSMS, CDR, IN, VAS, Mobile Billing etc. to cover the recommended process by covering all relevant business functions, to enable the IT application to meet the requirements of GST.4.4 Document implementation charter for IT changes in accounting and billing systems4.5 Review of IT changes – Configuration Reviews, Independent testing for functional compliance and exception reporting around the same (this will include WFMS/IMS, billing and other software)4.6 Functional requirements for new system capabilities (Tax engine)4.7 Data report (existing vs. new requirements)4.8 Test Plans – Configuration and Testing 4.9 Specifications of new reporting and dashboard formats4.10 Advise on MIS requirements for GST Compliances4.11 Prepare the blue print of the suggested changes and communicate the to third party implementing partner4.12 Advice and hand holding the third party implementing agency on implementation of the blue print prepared4.13 Specification of Hardware and applications required for uploading returns and compliances.

5. Organisational Model Impact Assessment

5.1 Evaluate the current tax framework of MTNL5.2 Based on the compliance requirements, advice on a new framework for GST Compliance5.3 Assess existing framework of tax accounting & reporting and develop a “To-be” organizational structure to support MTNL’s Tax Function – Including organization sizing and operating model5.4 New framework shall be designed with the aim that all kinds of reports (billing, Input Cenvat Credit, Payment, etc.) are generated at Circle/ Unit level without depending upon its sub-area units to maximise utilisation of all Tax credits. A framework for re-organisation of Non-Territorial Circles to be designed. 5.5 Training needs analysis, training calendars, training plans and training material for finance, operations, technology and channel partners etc.5.6 The training shall be for a period of 3 days at Delhi & Mumbai and management level training for 1 day

at corporate level. G) The listed scope is illustrative but not exhaustive and therefore Carrying out all other activities not

specifically listed above but required to be undertaken for successful execution of the basic scope of transformation of MTNL to be GST complaint from tax and accounting perspectives .

Page 26 of 57

Page 27: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

Phase II GO LIVE

Project ManagementThe successful bidder shall have a dedicated team that shall map /plan /advise / assess and deploy adequate resources for going live on 1St July 2017 or a later date to be notified as effective date for applicability of GST. The project management team of the successful bidder will advise MTNL and its Circles by providing a checklist/tracker for smooth transition to GST regime. This will necessitate the successful bidder to deploy adequate teams in each of the circles before the Go live set by Government of India to ensure MTNL complies with all the GST laws and there is no loss of credit by MTNL. This will involve necessary registrations, tabulation of available credits and its migration to the electron ledger in the GST system, advise on availing of credits before and after the GST regime and minimizing any loss to MTNL by way of credits.

The successful bidder shall ensure that all changes are made keeping in view full GST compliance before the ‘Go-Live’ date to be announced by the Government of India, the present date for Go Live expected to July 2017 or a later date notified as effective date for applicability of GST and all required activities to be carried out for this purpose shall take into account, the laws avoided upto go live w.r.t GST. The post implementation support shall be for a period of 12 months.

Phase-III Post implementation support (For the period of Twelve months)

1. Tax Compliance 1.1 On site assistance on all GST registrations/states/circles on a month to month basis to ensure that the GST

laws are complied. The bidder shall handhold, comply and train MTNL personal related to the job to ensure that taxes are paid, credits are availed and reporting and compliances envisaged in the GST law are complied in toto.

1.2 On-call/ troubleshooting support on taxation processes which includes all matters including the tax returns .1.3 Provide information on amendments /updates /clarifications under the GST law1.4 Develop a Litigation Tracker for managing GST assessments and litigations at Circle level and reporting at Corporate office.1.5 Filling of all returns related to GST to be supported.

2. Operation and Organisational Model Impact Assessment

2.1 Changes in GST laws post Go-live to be accommodated in all IT systems/WFMS/IMS/CSMS. The vendor shall suggest, advise and validate as in phase I to comply with any changes major or minor to comply with the GST laws.2.2 Use of assurance checklist and analytical tools to validate changes.2.3 On-site support to change management (people, process, technology) to ensure priority to close any queries/ issues/ challenges2.4 Highlight areas of potential non-compliance to regulation2.5 Resolution of issues related to transition2.6 Compliance testing and quality assurance of new processes (live data)2.7 Ongoing support to business engagement 2.8 Run Refresher Trainings, need basis

3. Technology Impact assessment

1.1 Analysis of the system to check whether they are fully aligned as per the systems required under the GST regime.

Page 27 of 57

Page 28: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

1.2 Support MTNL in performing one IT effectiveness review1.3 On-call/ troubleshooting support on IT.

2. Training needs to be addressed as envisaged in clause 5 of section IV.3. Submission of Manual for GST processes and implementation in MTNL.

4. Communication strategy:- Successful bidder shall advise on the basis of blueprint designed the advice to be given to various Stakeholders/Partners/Third parties and MTNL internal communication wherein letters/FAQs/clarifications advising Circles/SSAs/units on aspects of change management.

5. Review of existing Contracts and future contracts to ensure that these are GST compliant.

6. Miscellaneous: Any other activity (ies) necessary for the smooth implementation of the Project and successful execution of entire scope of work need to be done by the Supplier.

Payment Terms:-

Deliverables, Timeline, Payment Terms & 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 hreof. 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 herein after described in Indian rupees only.

(B) Total of professional fees as quoted plus the service tax thereon at actual date, payable to the Consultant during the period of contract shall not exceed the total contract value under this contract.

Page 28 of 57

Page 29: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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

a) The Invoices against Phase 1 of SCC for planning, design, implementation of GST law based transition as of date on the basis of the evolving process for GST at Govt. level and revise its function roll out in MTNLPhase-I

S.No.

Stages Timelines

1 Detailed Report on Impact Assessment of Tax, Operation, Accounting, Technological and organisational model as mentioned at point F of Section IV SCC.

Within two month from the date of award of work of before 31.05.2017, whichever is earlier.

2 Discussion on detailed Report on Impact Assessment of Tax, Operation, Accounting, Technological and organisational model as mentioned at point F of Section IV SCC with Management

3 Configure changes in the existing accounting and billing systems of MTNL. The accounting and billing reports are to be designed in such a way that pre-GST and Post GST reports can be extracted maintained separately in the respective system

4 Suggest changes in the manner in which current procurement practices are structured and making them according to the GST. Also suggest changes to the procurement manual per se, if required.

5 Future contracts:- Proper restructuring of existing and future contracts and shall arrive at solutions maximizing benefits that can be availed by MTNL after implementation of GST. Contracts include all procurement contracts for the supply of goods and services, maintenance contracts, inter operator contracts, international contracts and contracts entered into with third parties like Value added service providers.

6 Suggest changes (suggestions/advisory) for each IT system and solutions and vetting of changes to make it GST compliant, issue of necessary guidelines for successful execution.

7 Blueprint to be designed as a form of advisory considering impact assessment and suggestions for various stakeholders/partners/third parties and for MTNL’s internal consumption

8 Discussion on Blueprint to be designed as a form of advisory considering impact assessment and suggestions for various stakeholders/partners/third parties and for MTNL’s internal consumption with Management.

9 3 days Training each at Delhi and Mumbai to IT/MM/WFMS/CSMS/Finance team and 1 days management level training at Corporate Office

Within one month from the acceptance of Blueprint by the Management

Page 29 of 57

Page 30: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

8 90% amount of Phase-I shall be released on satisfactory submission of reports as mentioned above and approval by the Management.

9 Balance 10% amount will be paid after completion of total contractual obligations. Note: The listed scope is illustrative but not exhaustive and therefore Carrying out all other activities not

specifically listed above but required to be undertaken for successful execution of the basic scope of transformation of MTNL to be GST complaint from tax and accounting perspectives .

(b) Phase-II

The invoice against Phase II of SCC for go Live is to be tested and implemented before 30.06.2017. It needs to be ensured that all/each accounting and billing systems are configured according to GST Laws/ compliance. This will involve necessary registrations, tabulation of available credits and its migration to the electron ledger in the GST system, advice on availing of credits before and after the GST regime, minimizing any loss to MTNL by way of credit and submission of returns for the month each at Delhi and Mumbai on testing basis.

90% amount of Phase-II shall be released on satisfactory testing and implementation of go live stage. The certificate of completion of satisfactory work shall be given by respective GM(F) and GM(IT) of units.

Balance 10% amount will be paid after completion of total contractual obligations

(c) Phase-III

The invoice against Phase III of SCC for post implementation support for 12 months wherein tax compliances, operation and organisational model impact assessment, technological impact assessment and submission of Manual for GST process and implementation in MTNL shall be done.

90% amount of Phase-II shall be released on satisfactory completion of implementation phase. The certificate of completion of satisfactory work shall be given by respective GM(F) and GM(IT) of units.

Balance 10% amount will be paid after completion of total contractual obligations

(Note: In case after finalisation or before of the contract and during the contract period, if there is any change in the tax rates of Service tax or GST , MTNL will be liable to pay the difference amount of tax only to the extent the credit of it is possible/allowable under the law and over and above the same, the bidder has to bear the liability of excess amount for which credit is not allowable as per the tax laws.)

Page 30 of 57

Page 31: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

SECTION – V TECHNICAL BID(To be submitted by the bidder )1. Company /Firm/LLP Name

2. Headquarters / Address

3. If Headquarters is not in India, Address of the Company/Firm in India and details of Indian registration4. Date of incorporation of the firm / Company and details of LLP5. Presence and locations of Offices in Delhi and Mumbai 6. Comprehensive details of experience in providing consultancy in the field of indirect taxation services

7. The detail of bidder’s experience in 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 operator having any telecom license i.e.UASL, CMTS,Basic, ISP, NLD & ILD(Client certificate is to be submitted).

8. Details of Expertise and experience of team members / professionals to be deployed for the project, as per clause 2.4 and 2.5 of Section II.

9. Details of qualified professionals as per clause 2.4, 2.5 and 2.6 of section II10. Organizational chart of bidder – 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 in MTNL is to be furnished in hard copy.11. Presentation on an indicative basis by key areas, the impact that GST implementation will

Page 31 of 57

Page 32: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

have on the financial statements and business of MTNL. Specifically, provide a broad analysis of GST implementation impact .12 Name & Designation of the authorized signatory13. Detail of payment for EOI documents

14. Detail of EMD/Bid Security (to be submitted in technical bid only)15. Average Turnover of company/Firm for last three years with details as per latest audited statement of accounts or certified copy of annual report16. Net worth of company/Firm with details as per latest audited statement of accounts or certified copy of annual report17. Service tax Registration No. and PAN number

18 Details of near relatives working in MTNL if any and declaration about black listing etc,and details wrt clauses 2.7 AND 2.8

I / We agree to 1) Deliver all the deliverables mentioned under Section IV 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)

Page 32 of 57

Page 33: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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 ,2 and 3 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:

No. of Phases % of total contract

Fee (Rs.) Applicable Service Tax & Cess

Total Price (Fee + Service Tax & Cess )

% Amount

1 2 3 4 5= 2+4

Phases- I 40%

Phase II 30%

Phase-III 30%

Total

2. The above fee is inclusive of all charges including out-of-pocket expenses etc and all applicable taxes. No out-of-pocket expenses shall be paid separately.3. The above fee is including service-tax. Service Tax, as applicable from time to time, shall be on company’s account subject to the provisions in para 11 of section II. However, liability for payment of the service tax shall lie on the Consultant as per prevailing tax laws.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 fees 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 except as specified in para 1of section II . 6. The above quoted lump-sum fee are all inclusive, no separate payment shall be made for TA/DA,

boarding lodging . 7. The tenure of the contract will be for the period up to implementation support after successful implementation of GST in MTNL as per roll out programme of Govt. And successful implementation date will be the notified date after completion of all pre-implementation obligations and one year of post implementation support . It is expected from the roll out plan of Govt. That the contract period may not exceed 2 years. 8. The bidder should undertake to maintain confidentiality of the information shared with them in performing with the contractual obligation.

Page 33 of 57

Page 34: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

(Signature of Authorised Signatory)

Name…………………………….

Official Seal

SECTION-VIPART-ABID FORM

To,

DGM(Cash & Tax)CO, Room no.4505,4th Floor, Mahanagar 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, con-ditions 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…….………………

Page 34 of 57

Page 35: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

SECTION-VI(PART-B)

BID FORM

1.i) Name of the Companyii) 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 2013-14,2014-15 & 2015-16. (Attach audited financial results/ annual reports)

5. Whether the scope has been implemented/taken up 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

Page 35 of 57

Page 36: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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

Whereas.................................. (hereinafter called “the Bidder”) has submitted its bid dated............for implementation of GST 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 or2. 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 ofName & Signature of witness Full address of BranchAddress of witness Tel No. of Branch

Fax No. of Branch

Page 36 of 57

Page 37: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

SECTION-VIII

(INDEMNITY BOND ON RS. 100/- 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 GST.

In case the above declaration is found to be incorrect or wrong, the contract if awarded to the firm shall be terminated immediately and the firm shall be liable to be black listed/debarred for future works/contracts 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.

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…………………………….

Page 37 of 57

Page 38: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

Official Seal

SECTION XPERFORMANCE 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 ___________________ for 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 AP.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 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 _______

Page 38 of 57

Page 39: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

for __________________________________ (Indicate the name of bank)

SECTION X-APERFORMANCE 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 fulfilment 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 for 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 Six Months from the date of completion of all contractual obligations or on completion or post implementation, 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 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

Page 39 of 57

Page 40: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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………………. *****

Page 40 of 57

Page 41: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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 GST 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 GST 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, the

Page 41 of 57

mtnl, 22/12/16,
All the changes made in EOI may also be incorporated in the Agreement and clauses may be inserted, if required.
Page 42: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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 theparties and the Arbitration shall be conducted according to the Arbitration Act1996 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.

Page 42 of 57

Page 43: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

SECTION XII : ANNEXURES & PROFORMA

ANNEXURE - I

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING(in case of off-line bid opening)

ToDGM(Cash & Tax) CO, Room no.4505, 4th Floor, Mahanagar 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.

AlternateRepresentative

Signatures of bidder OrOfficer authorized to sign the bidDocuments 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 pre-

scribed above is not received.

Page 43 of 57

Page 44: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

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 RemarksNo. (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.

Page 44 of 57

Page 45: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

ANNEXURE -III

[TO BE FILLED-UP / SUBMITTED BY THE VENDOR 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 Vendor with Official Seal

Page 45 of 57

Page 46: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

ANNEXURE-‘IV’WFMS SystemList of Modules implemented:

I. Pay bill Module: Sub Modules: 1. HR Module. 2. Loans and Advances. 3. Leave Module. 4. Monthly Salary Payable. 5. Income Tax Module. 6. Employees claims like TA/LTC and Medical. 7. GPF/CPF Module. 8. Monthly Pension Payable. 9. Exclusive Pension Module for calculation and disbursement of pension to the combined pensioners by the % CCA. 10. MIS reports and reports related to all the sub modules

II. Works Module: Sub Modules: 1. Employees Imprest and Ty. Adv. Maintenance. 2. Bill payments of Contractor/suppliers. 3. Calculating/deducting all kind of Taxes, 4. EMD, Security Deposit and Purchase Advance maintenance. 5. Fixed Asset Module. 6. WIP and Depreciation. 7. MIS reports and reports related to all the sub modules III. Financial Accounting Module:

Sub Modules: 1. All Payments and Receipts. 2. Preparation of ECS/NEFT/RTGS files. 3. Revenue Receipts and deposits to bank. 4. Transfer of revenue to CO. 5. Budget and Fund request and maintenances. 6. Bank Reconciliation Statement. 7. Interface with TR Billing for generating JVs and Subscriber Refund. 8. Month end process like generating Trail Balance/P&L Account/Balance Sheet of Delhi Unit/Mumbai Unit/Mobile Service/Corporate Office. 9. MIS reports and reports related to all the sub modules

Page 46 of 57

Page 47: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

Operating System: Sun Solaris Database: Oracle 11g. Application: Developed in JAVA JDK 1.4 and deployed Oracle 10 AS Application Development: Developed in standalone machine with JDK 1.4 and deployed in Application server Ora-10 AS. Back end : Oracle 11g database. Front end :Java (web based). Application Development: Developed in standalone machine with JDK 1.4 and deployed in Application server Ora-10 ASBack end : Oracle 11g database. Front end : Java. (Web based).

ANNEXURE-‘V’CSMS System1. The billing is done for PSTN Active/Non active subscribers available in

Master table whose billing due on PLAN wise attribute configure in parameter tables. 2. The Revenue is charge in different charge code for different variable attributes (MCU) and fixed attributes (bb Charges, Misc ) with Debit and Credit head. 3. The Mapping of charge code done with Head of Account and the different JV is passed through system for Amount Billed For (ABF), Cancellation, Adjustment, Writ-Off etc for WFMS. The JV of Payment received done by Debiting the Sundry Debtor and Credit the Bank Account. 4. The Sub ledger prepare by getting the Opening Balance of Previous plus ABF, Dishonor Cases and subtraction the Payment Received, Cancellation, Adjustment and Write-off , arrive the closing Balance of the month. 5. A age wise of outstanding is also generated for the month.

Front end is SQLFORM 6 and OS platform is Unix. Code is written in ProC. It is in house solution for CRM, Provisioning, billing and accounting thereof.

Page 47 of 57

Page 48: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

Annexure-VI

INVENTORY MANAGEMENT SYSTEM (IMS)The Inventory Management System (IMS) is an online computerized system developed to automate the

processes involved in planning, procurement of materials and issue of materials. IMS consists of two main modules viz. Planning and Inventory (with Sub Store). Planning module en-

compasses activities like estimate preparation and Store Forecasting. Inventory module includes activities like Purchase Order preparation, Receipt of Material, Issue of Material and other Store related activities like Return of Material, ACE5 transfer of Material etc. Sub Store module includes Issue of material from Main Store and Sub store, return of material to Sub Store, transfer of items from one sub store to other etc.PLANNING MODULEMaster Data of Planning ModuleVarious components codes are available in IMS for preparation of DEs (detail estimate) like :

Cables – PS&D - Preparation of Cable estimates, both Primary and Distribution A&P Exch. – Preparation of A&P Exchange estimates, viz., switches, etc. OFC Cables - Preparation of all type OF cable estimates OFC Systems - Preparation of OF systems estimates OFC MUX -Preparation of OF MUX estimates OFC Mtce - Preparation of OF cable maintenance estimates OFC CNW -Preparation of OF contributory works OF Eq.Mtce. –Preparation of OF equipment maintenance estimates Env.(Bldg-P) - Preparation of Civil Project works Env.(Bldg-M) - Preparation of Civil Maintenance works A&P Subs - Preparation of A&P subscribers estimates, both maintenance and project works Lines&Wires Subs - Preparation of Lines & Wires subscribers estimates, both maintenance and project works Cables(R) Area - Preparation of Cable rehabilitation estimates Lines&Wires(R) Area - Preparation of Lines & Wires rehabilitation estimates Cable Maintenance – Preparation of cable maintenance estimates Contributory Works – Preparation of Contributory Works IT _ Preparation of IT projects DLC _ Preparation of estimates relating to DLCs Rent & Guarantee - Preparation of Rent & Guarantee estimates (CIP cases, etc.) Miscellaneous - Preparation of Miscellaneous estimates Other Works - Preparation of Petty works Small Works - Preparation of estimates relating to small works for clearing ‘New Telephone Connection’ cases

The master data module of IMS maintains all the expenditure heads that are involved in each of the above component types. Further, it also maintains the detail data of all the nature/items of expenditure

Page 48 of 57

Page 49: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

involved in the respective expenditure heads. The DBA maintains and monitors this module as per the requirement of the unit. Any number of new components, expenditure heads and item details can be added to the master data by the DBA user alternatively any item can be made disable in the system by the DBA to prevent use of that respective item. All SBP norms are also maintained in the system to enable preparation of PE automatically on the norms laid down in the DOT manuals. The master data maintained serves the purpose of achieving uniform procedure of preparation of estimates and also uniform rates of items in an organization in-addition to other benefits of an on-line system.

Preparation of Estimates in IMS

Estimate preparation starts with a preparation of an Order by an officer, say, of the rank of an SDE. The Order then needs to be approved by a competent person as may be decided in the respective unit as per the approved practice prevalent in the unit. This is an administrative approval for preparation of an estimate.

On approval of order, the system automatically generates a unique number based on the estimate type pre -ferred in the order screen, viz., PCD, maintenance & rehabilitation, PE, etc.

Planning Module includes preparation of basically three types of processes leading to sanctioning of PE/DE in MTNL viz.:

i) Estimates for Maintenance and Rehabilitation works where estimates are not a part of a project and only DE is prepared and approved. Here the Project Estimate (PE) and Detail Estimate (DE) bear the same numbers. On approval of ‘Order’ by competent authority a unique no. is generated by the system with PE and DE padded on the left side of the number indicating the PE no. and DE no. The user / creator of DE can proceed ahead with selecting the details which are defined in the master data of the respective com-ponent. On filling of the items under all the expenditure heads, the Eng3A for the DE can be generated where the summary of all the expenditure is displayed. After the estimate is prepared, the executing officer can forward it to the next higher official in hierarchy for his/her comments. The estimate is then forwarded to the Technical Unit for technical scrutiny of the DE and further to the Accounts Department for financial advice and finally to the competent authority for approval.

ii) Estimates for Project work where all estimates are a part of PEs and PE has to sanctioned inorder to pre-pare a DE. In this workflow, on approval of the order, a unique PE number is generated and then the copy of the sanctioned document is sent to the concerned planning units for generation of the detailed estimates under the components available in the sanctioned PE. These units in turn generate the detailed estimate and send the same to the technical team for technical scrutiny and Finance Unit for according financial advice before final approval from the competent authority. The PE is prepared by the concerned unit and send to Planning unit for approval. After approval of PE, the concerned unit can then generate DEs from this PE. These generated DEs need to be approved, following the same work flow process followed for approval of other estimates, by an officer in line with the total sanctioned cost of DE and financial delegation of power.

iii)Estimates for other capitalized works, viz., turnkey projects, switching, etc. where a one-to-one relation-ship between PE and DE exists. Here, PCD proposal is prepared and approved first, and then PE and DE are generated and approved. After approval of order, a unique PCD number is generated and then the user prepares a proposal of the estimate (identical to the preparation of DE) and gets the same approved by competent authority following the normal approval work flow process. The approved PCD is then forwar-ded for generation of PE and the PE is further approved by a competent officer. After approval of PE, DE can be generated against the PE with the details already approved in the PCD automatically. The generated DE is in approved state and is an exact replica of the PCD prepared earlier.

Planning module also includes Estimate Report and Estimate Search options:1. The Estimate Report option includes following reports – Comments report, Estimate report, Expenditure

Detail report and Engg 3A report. 2. Estimate Search option enables users to view any estimate in a nutshell along with details of Store transac-

tion, requisition details, Trenching and Fault details (for Cable Maintenance estimates).

Page 49 of 57

Page 50: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

INVENTORY MODULEInventory module consists of activities like PO preparation, Receipt of Material, Issue of material and other store related activities (Return of Material, ACE5 Transfer of material, Store reports etc.)

i. Purchase Order (PO)Purchase Order is prepared in IMS in which details of PO, details of items in PO and delivery sched -ule of items is recorded.

ii. Receipt of MaterialThe system keeps track of the following receipt details of materials: Delivery Challan – The details of delivery challan on actual receipt of goods are fed vis-à-vis the delivery schedule already available in the PO and also the details of excise duty, excise cess, etc. . The DC is saved and approved by two different authorities. Goods receipt note - On approving the delivery challan, a unique Goods Receipt Note (GRN) is automatically generated in the system with items same as those being fed in corresponding DC. The de-tails of QA (quality assurance) and QA date is also captured in the screen. The item is updated in the store ledger and the balances increase automatically on finalizing the GRN. The items are then available with the store keeper for distribution to areas against valid indents. Main Bill. – As GRN is saved, a unique Main Bill (MB) number is generated in the system with details same as GRN. The price variation calculation for (copper, lead, zinc, etc.) is automatically done by the system on the basis of master data available in the system and gets populated on the screen for the user to verify and submit for approval. On finalizing the MB, the data flows to WFMS for creation of lia -bility of the supplier and payment. The difference of rate of the item due to price variation is factored in the price ledger for valuation of inventory.

iii. Issue of Material (Sub Store)Issue of material is two step process : issue from Main Store (CSD Store) and issue from Area Sub Store. Both issue process include below mentioned steps.`

Requisition – The user (i.e. executing officer of the DE) raises requisition against the sanctioned stores available in the approved DE with the respective Holiath/Indenter Code. The user has the option to raise requisition in one go or in piece meal as per his requirement. The system ensures a check on the cumulative balance of the requisition item with the approved stores of the respective DE.

Allotment – The Store Unit officer makes allotment against the requisition received from the area and indicates the store depot and allotment date within which the store has to be lifted. The sys-tem ensures that no allotment is made above the available balance. The allotment can also be made in one go or in piece meal, according to the availability of stores and management policy.

Indent – The requisition officer can raise indent against the allotment received as above within the allotment date.

Issue Voucher – The issue voucher is generated as soon as the indenter or representative of the in-denter approaches with the indent slip, generated from the system. On finalizing the issue voucher the stock balance is reduced and issue voucher is generated.

Gate Pass Entry – Gate pass is generated for all approved issue vouchers and the details of issue voucher are automatically updated in WFMS for generation of ATD/ATC.

iv. Other Store ActivitiesThe system keeps track of miscellaneous store activities like Return of Material ( main store as well as sub store), ACE5 Transfer of Material, Stock verification, stock disposal and is backed with 89 reports tailor-made according to MTNL’s requirement.

Page 50 of 57

Page 51: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

Annexure-VIIProcess for WS product sales

1. WS offers prepaid and postpaid products. Besides the subscriptions WS is engaged in selling Prepaid recharge vouchers offering rate cutters, top-ups, data packs.

2. For prepaid subscriptions and recharge vouchers WS has engaged distributors and they are spread in NCR in Delhi and urban agglomeration in Mumbai called as brihan Mumbai, therefore, point/place of sales are also spread over.

3. On an upfront commission distributors take recharge vouchers and have a chain of retailers who facilitate selling of the vouchers.

4. Retailers under distributors collect forms for prepaid subscriptions from customers. Distributors further facilitate activation of prepaid numbers on CRM and billing platforms.

5. For prepaid subscriptions Distributors are given commission upfront service tax included in all cases.6. Besides distributors WS products are available at MTNL owned Sanchar Haats which facilitate prepaid

and post paid products activations. Besides activations, recharge vouchers are also sold.7. Recharge vouchers are available in paper form and customers/distributors can also recharge through E-

TOPUP solution. Voucher PINs are loaded on E-TOPUP platforms and through hierarchy of distributors and retailers on the platform customers can use paper-less recharging from anywhere.

8. Several web based platforms are also available through which customers can recharge their prepaid num-bers. Such application providers take amount from WS unit which is loaded in E-TOPUP platform for fur-ther use by customers from anywhere.

9. WS sales unit have deputed retail managers who engage retailers in area for selling recharges through pa-per and E-TOPUP.

Page 51 of 57

Page 52: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

Annexure-VIII

Special instructions to Bidders for e-Tendering

General

The Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as given in these Tender Documents. Submission of Online Bids is mandatory for this Tender.

E-Tendering is a new methodology for conducting Public Procurement in a transparent and secured manner. Now, the Government of India has made e-tendering mandatory. Suppliers/ Vendors will be the biggest beneficiaries of this new system of procurement. For conducting electronic tendering, MTNL has decided to use the portal https://www.tcil-india-electrionictender.com through TCIL, a Government of India Undertaking. This portal is based on the world’s most ‘secure’ and ‘user friendly’ software from ElectronicTender ®. A portal built using ElectronicTender’s software is also referred to as ElectronicTender System® (ETS).

Benefits to Suppliers are outlined on the Home-page of the portal.

InstructionsTender Bidding Methodology:

Sealed Bid System

- Single Stage Two Envelope

Broad Outline of Activities from Bidder’s Perspective:

1. Procure a Digital Signing Certificate (DSC)2. Register on ElectronicTendering System® (ETS) 3. Create Marketing Authorities (MAs), Users and assign roles on ETS. It is mandatory to create at least one

MA. 4. View Notice Inviting Tender (NIT) on ETS5. For this tender -- Assign Tender Search Code (TSC) to an MA 6. Download Official Copy of Tender Documents from ETS.

Note: Official copy of Tender Documents is distinct from downloading ‘Free Copy of Tender Documents’. To participate in a tender, it is mandatory to procure official copy of Tender Documents for that tender.

7. Clarification to Tender Documents on ETS– Query to MTNL (Optional) – View response to queries posted by MTNL

8. Bid-Submission on ETS9. Attend Public Online Tender Opening Event (TOE) on ETS

– Opening of relevant Bid-Part10. Post-TOE Clarification on ETS (Optional)

– Respond to MTNL Post-TOE queries11. Attend Public Online Tender Opening Event (TOE) on ETS

– Opening of relevant part (i.e. Financial-Part)

Page 52 of 57

Page 53: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

(Only for Technical Responsive Bidders)

For participating in this tender online, the following instructions are to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the ETS.

Digital Certificates

For integrity of data and authenticity/ non-repudiation of electronic records, and to be compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC). also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].

Registration

To use the ElectronicTender® portal https://www.tcil-india-electrionictender.com, vendors need to register on the portal. Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities. In ETS terminology, this person will be referred to as the Super User (SU) of that organization. For further details, please visit the website/portal, and click on the ‘Supplier Organization’ link under ‘Registration’ (on the Home Page), and follow further instructions as given on the site. Pay Annual Registration Fee as applicable.

After successful submission of Registration details and Annual Registration Fee, please contact TCIL/ ETS Helpdesk (as given below), to get your registration accepted/activated

Important Note: To minimize teething problems during the use of ETS (including the Registration process), it is recommended that the user should peruse the instructions given under ‘ETS User-Guidance Center’ located on ETS Home Page, including instructions for timely registration on ETS. The instructions relating to ‘Essential Computer Security Settings for Use of ETS’ and ‘Important Functionality Checks’ should be especially taken into cognizance.

Please note that even after acceptance of your registration by the Service Provider, to respond to a tender you will also require time to complete activities related to your organization, such as creation of users, assigning roles to them, etc.

TCIL/ ETS HelpdeskTelephone/ Mobile Customer Support: +91-11-26241790 (From 10 AM to 6 PM Monday to

Friday except on Govt. Holidays)Emergency Mobile Numbers: +91-9868393775 (Please contact only in emergency during non-working hours of the Helpdesk)

E-mail ID [email protected][Please mark CC: [email protected]]

MTNL ContactMTNL Contact Person Shri Sanjay Chaudhary, Dy. Mgr.(MM)9013139999

Tel.011-24328637

Some Bidding related Information for this Tender (Sealed Bid)

The entire bid-submission would be online on ETS (unless specified for Offline Submissions). Broad outline of submissions are as follows:

Page 53 of 57

Page 54: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

Submission of Bid-Parts/ Envelopes Technical-Part Financial-Part

Offline Submissions:

The bidder is requested to submit the following documents offline to the under mentioned address before the start of Public Online Tender Opening Event in a Sealed Envelope.

Contact Persons NameAddress:

The envelope shall bear (the project name), the tender number and the words ‘DO NOT OPEN BEFORE’ (due date & time).

1. Original copy of the Bid Security in the form of a Bank Guarantee. 2. Pass Phrase3. Power of Attorney4. DD/ Bankers cheque of Rs. 525/- drawn in favour of MTNL, payable at Delhi/New Delhi against pay-

ment of tender fee/ Cost of Tender Documents.5. Duly signed Integrity Pact6. ‘ETS Bidding Fee’ for use of ETS is required to be paid online. Note: Failure to pay

this amount will result in rejection of the bid.

Note: The Bidder should also upload the scanned copies of all the above mentioned original documents as Bid-Annexures during Online Bid-Submission.

Special Note on Security and Transparency of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision for security has been made at various stages in Electronic Tender’s software. Specifically for Bid Submission, some security related aspects are outlined below:

As part of the Electronic Encrypter™ functionality, the contents of both the ‘Electronic Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder himself. Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with spaces between words (e.g. I love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is recommended that a separate Pass-Phrase be created for each Bid-Part. This method of bid-encryption does not have the security and data-integrity related vulnerabilities which are inherent in e-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tender-opening officers of the Buyer organization and the personnel of e-tendering service provider.

CAUTION: All bidders must fill Electronic Forms™ for each bid-part sincerely and carefully, and avoid any discrepancy between information given in the Electronic Forms™ and the corresponding Main-Bid. For transparency, the information submitted by a bidder in the Electronic Forms™ is made available to other bidders during the Online Public TOE. If it is found during the Online Public TOE that a bidder has not filled in the complete information in the Electronic Forms™, the TOE officer may make available for downloading the corresponding Main-Bid of that bidder at the risk of the bidder. If variation is noted between the information

Page 54 of 57

Page 55: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

contained in the Electronic Forms™ and the ‘Main-Bid’, the contents of the Electronic Forms™ shall prevail. Alternatively, the Buyer organization reserves the right to consider the higher of the two pieces of information (e.g. the higher price) for the purpose of short-listing, and the lower of the two pieces of information (e.g. the lower price) for the purpose of payment in case that bidder is an awardee in that tender.

Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself, when demanded by the concerned Tender Opening Officer.

There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server/ portal.

Public Online Tender Opening Event (TOE)

ETS offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender Opening Officers, as well as, authorized representatives of bidders can simultaneously attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. Alternatively, one/ two duly authorized representative(s) of bidders (i.e. Supplier organization) are requested to carry a Laptop with Wireless Internet Connectivity, if they wish to come to UTITSL office for the Public Online TOE.

Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event (TOE)’, including digital counter-signing of each opened bid by the authorized TOE-officer(s) in the simultaneous online presence of the participating bidders’ representatives, has been implemented on ETS.

As soon as a Bid is decrypted with the corresponding ‘Pass-Phrase’ as submitted online by the bidder himself (during the TOE itself), salient points of the Bids (as identified by the Buyer organization) are simultaneously made available for downloading by all participating bidders. The tedium of taking notes during a manual ‘Tender Opening Event’ is therefore replaced with this superior and convenient form of ‘Public Online Tender Opening Event (TOE)’.

ETS has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Bid-Part of a tender. The information in the Comparison Chart is based on the data submitted by the Bidders. A detailed Technical and/ or Financial Comparison Chart enhances Transparency. Detailed instructions are given on relevant screens.

ETS has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening Event (TOE)’ covering all important activities of ‘Online Tender Opening Event (TOE)’. This is available to all participating bidders for ‘Viewing/ Downloading’.

There are many more facilities and features on ETS. For a particular tender, the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer.

Other Instructions

For further instructions, the vendor should visit the home-page of the portal https://www.tcil-india-electrionictender.com, and go to the User-Guidance Center

The help information provided through ‘ETS User-Guidance Center’ is available in three categories – Users intending to Register / First-Time Users, Logged-in users of Buyer organizations, and Logged-in users of Supplier organizations. Various links (including links for User Manuals) are provided under each of the three categories.

Important Note: It is strongly recommended that all authorized users of Supplier organizations should thoroughly

Page 55 of 57

Page 56: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups, and minimize teething problems during the use of ETS.

SEVEN CRITICAL DO’S AND DON’TS FOR BIDDERS

Specifically for Supplier organizations, the following 'SEVEN KEY INSTRUCTIONS for BIDDERS' must be assiduously adhered to:

1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on ETS.

2. Register your organization on ETS well in advance of the important deadlines for your first tender on ETS viz ‘Date and Time of Closure of Procurement of Tender Documents’ and ‘Last Date and Time of Receipt of Bids’. Please note that even after acceptance of your registration by the Service Provider, to respond to a tender you will also require time to complete activities related to your organization, such as creation of -- Marketing Authority (MA) [ie a department within the Supplier/ Bidder Organization responsible for respond-ing to tenders], users for one or more such MAs, assigning roles to them, etc. It is mandatory to create at least one MA. This unique feature of creating an MA enhances security and accountability within the Supplier/ Bidder Organization.

3. Get your organization's concerned executives trained on ETS well in advance of your first tender submission deadline on ETS.

4. For responding to any particular tender, the tender (i.e. its Tender Search Code or TSC) has to be assigned to an MA. Further, an ‘Official Copy of Tender Documents’ should be procured/ downloaded before the expiry of Date and Time of Closure of Procurement of Tender Documents. Note: Official copy of Tender Documents is distinct from downloading ‘Free Copy of Tender Documents’. Official copy of Tender Documents is the equivalent of procuring physical copy of Tender Documents with official receipt in the paper-based manual tendering system.

5. Submit your bids well in advance of tender submission deadline on ETS (There could be last minute problems due to internet timeout, breakdown, etc)

6. It is the responsibility of each bidder to remember and securely store the Pass-Phrase for each Bid-Part sub-mitted by that bidder. In the event of a bidder forgetting the Pass-Phrase before the expiry of deadline for Bid-Submission, facility is provided to the bidder to ‘Annul Previous Submission’ from the Bid-Submission Over-view page and start afresh with new Pass-Phrase(s).

7. ETS will make your bid available for opening during the Online Public Tender Opening Event (TOE) ‘ONLY IF’ your ‘Status pertaining Overall Bid-Submission’ is ‘Complete’. For your record, you can generate and save a copy of ‘Final Submission Receipt’. This receipt can be generated from 'Bid-Submission Overview Page' only if the ‘Status pertaining overall Bid-Submission’ is ‘Complete’.

NOTE: While the first three instructions mentioned above are especially relevant to first-time users of ETS, the fourth, fifth, sixth and seventh instructions are relevant at all times.

Page 56 of 57

Page 57: Millennium Telecom Limited (MTL), a wholly owned ...mtnl.in/gst.doc  · Web viewor Companies Acts) rendering accounting, taxation, Information Technology and regulatory services

Minimum Requirements at Bidder’s End

Computer System with good configuration (Min PIV, 1 GB RAM, Windows 7 or above),Broadband connectivity, Microsoft Internet Explorer 6.0 or above, Digital Certificate(s)

Pl. note Windows XP is not supported on ETS Portal of TCIL w.e.f. 30th April 2015. The minimum Operating System requirement for end-user would be Windows 7 or above.

Vendors Training Program

One day training (10:00 to 17:00) would be provided by TCIL. Training is optional.

Page 57 of 57