IFCI Limited Registered Office: IFCI Tower, 61, Nehru Place, New Delhi-110019. Telephone No. +91-11- 41732000, Website: www.ifciltd.com CIN: L74899DL1993GOI053677

TENDER No. IFCI/Accts/2016-17-03

Dated: December 20, 2016

Sub: Tender Document for Appointment of Consultant for Indirect Tax Matters. Important Bidding Information Summary

Cost of Tender Document Date of release of Tender Document Last Date of Queries on RFP Pre bid meeting

` 10,000 December 20, 2016 (Tuesday)

December 27, 2016 (Tuesday) December 29, 2016 (Thursday) at 03:00 PM, IFCI Limited 61 Nehru Place New Delhi IFCI’s replies on queries by date January 02, 2017 (Monday) Date of Submission of Bids January 05, 2017 (up to 1:00 PM) (Technical and Financial) (Thursday) Date of Opening of Technical January 05, 2017 at 2:00 PM (Thursday) Bids Date of Opening of Financial January 09, 2017 (Monday) at 04:00 PM Bids Date of Award of Mandate January 10, 2017 (Tuesday) Any change in the above schedule shall be updated on IFCI's website. The prospective applicants are requested to periodically check our website for changes/ additional information, if any, related to the said tender. 1) Introduction IFCI Limited is a listed public limited company under the administrative control of Govt. of India and is registered as a Non- Deposit taking systemically important Non-Banking Finance Company (NBFC-ND SI) under section 45 IA of the RBI Act, 1934. IFCI Ltd. is engaged in the business of providing financial assistance in the form of loans & equity participation or in any other form or scheme as may be deemed expedient. Besides above, IFCI is also investing, financing, deploying funds into quoted/ unquoted Shares, Bonds, Mutual Funds and other securities and undertakes the sale & purchase of securities on regular basis. The investment/ financing through securities and trading thereof constitutes a major part of the business operations of IFCI Ltd. IFCI Ltd. has six subsidiaries, six step-down subsidiaries and five associates companies. 2) Purpose of this Tender The purpose of this Tender is to engage Tax Consultants having requisite experience and expertise for support and advising on Indirect tax matters of IFCI Ltd. 3) SCOPE OF WORK: A. Advisory services

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i)

To provide opinion/advice on various queries/ issues concerning service tax matters pertaining to IFCI supported with legal provisions and case law precedents. It shall, inter-alia, include various aspects: a. Valuation and taxability of various income streams b. CENVAT credit c. Reverse charge mechanism d. Accounting aspects e. Point of Taxation f. Commercial contracts such as AMC contracts, service contracts, etc. ii) To provide timely analysis and advice on the amendments in service tax laws relevant to IFCI for ensuring adherence to the amended provisions. iii) To assist IFCI in tax planning and advising on various tax efficient options considering business model of IFCI iv) It is clarified that advisory services, shall not include matters related to VAT, except in respect of expenditure transactions, where it is simultaneously applicable along with service tax. B. Compliance services i) To prepare and submit periodical Service Tax returns. The preparation process shall, inter-alia, include: a. Computation of output service tax liability, reconciled with books of accounts and records on monthly basis. b. Computation of service tax liability under reverse charge mechanism, reconciled with books of accounts and records on monthly basis. c. Computation of CENVAT credit, reconciled with books of accounts and records on monthly basis. ii) To compute/ validate, on monthly basis, service tax liability (including liability under reverse charge mechanism) and claim of input cenvat credit, well in advance before the due date(s). The validation process shall, inter-alia, comprise of: a. Extent and availability of input credit on input services b. Applicability of reverse charge mechanism on input services c. Output service tax liability d. Service tax registers i.e. output service tax liability, CENVAT credit and reverse charge, generated from the system e. It is clarified that any incompleteness in the aforesaid service tax registers generated from the system shall be completed by the consultant for meeting the requirements of law iii) End to end handholding in all the compliances such as registration process, amending registration certificates, etc. The handholding shall, inter-alia, include all the liasoning work with the concerned authorities and preparation/filing of all the required documentation. iv) To review and advise on overall improvement in regulatory compliance framework v) To prepare status notes in respect of aforesaid matters, whenever sought C. Representation Services i) To represent before the appellate authorities – Commissioner (Appeals) or any other equivalent appellate authorities ii) To appear before various service tax authorities and respond to the notices/queries issued by them iii) To follow-up with the various service tax authorities for any pending orders iv) To provide opinion/ advice on the issues raised during audit/ inquiry/ assessment conducted by service tax authorities and drafting replies including vetting of the details/ documents to be furnished to the authorities

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v) To prepare opinion paper, query sheet, submissions, briefings and affidavit, as and when required, for appeals before various appellate authorities vi) To provide handholding and end to end support in dealing with advocates/consultants associated with IFCI for service tax matters pending before CESTAT, High Court and Supreme courts, if any. The support shall include providing advice, preparation of required documentation and participation in all the discussions with advocates. vii) To prepare status notes in respect of aforesaid matters, whenever sought D. Goods and Service Tax (GST) regime i) The scope of work defined in the above paragraphs shall be read as mutatismutandis for GST regime, as and when it becomes applicable. 4) Terms & Fee Structure i) The fee shall be payable on quarterly basis. ii) The place of work shall normally be in Delhi only. However, in case partner or any team member of the firm has to travel outside Delhi in connection with the scope of work, travelling and boarding & lodging expenses shall be paid on actual basis, subject to rules applicable to IFCI employees. iii) The tenure of the contract shall start from the award date to 31 st December 2017, with an option to extend it for another two year(s) in one or more tranches at the discretion of IFCI at mutually agreed fee terms. iv) The prospective bidder shall have the option to access the data sheet comprising of details of existing litigations, last paid tax challans, last periodical return and other pending effects, in order to understand the quantum of work. Such access shall be permitted on submitting the cost of tender along with a self-certified declaration that the Applicant meets the eligibility criteria. 5) Eligibility criteria for Submission of Technical Bid The firm applying for the assignment as mentioned in the scope of work shall fulfill the following Technical Eligibility Criteria: i) ii) iii) iv) v) vi) vii)

The bidder shall be a limited company or an LLP or a Partnership Firm or private limited company having existence in India for at least ten years. The Bidder/ its Directors/ Partners, as the case may be, should not have any conflict of interest with IFCI and accordingly, they should have declared in the manner, advised in this Tender Document. Bidder shall be an individual entity. Consortium Bidders are not allowed. The Bidder should have an average turnover of Rs.25 crore or more from consultancy in indirect tax matters in immediately preceding three Financial Years. Bidder should have at least 10 partners and professional with Chartered Accountancy qualification. The professionals should have expertise in providing consultancy and representation services in indirect tax matters. The Bidder should have provided consultancy in indirect taxation in at least five listed companies having 2000 crore of total income in any of preceding three financial years. The Bidder should have provided consultancy in indirect taxes at least two NBFC(s)/ Bank.

6) Evaluation of Technical and Commercial Bids

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i)

Selection of the successful bidder shall be based on techno-commercial combined score. Weightage of 70% and 30% shall be given to technical criteria and commercial bid respectively. Minimum technical score required is 60 with qualification in each criteria. Any bidder who scores less than 60 will not be considered for commercial evaluation.

ii)

Technical Bids shall be opened first and evaluated for the bidder’s eligibility criteria, bid completeness, bid conformity, bid responsiveness, before opening Commercial Bid.

iii) SN 1.

The Technical score shall be determined in the following manner: Technical Criteria Max. Score Scores based on achievement The Average Turnover of 25 ≥Rs.25 cr up to Rs.75 crore: 10 the Firm for the last three > Rs. 75 cr up to Rs.125 cr: 15 financial years, from > Rs.125 cr: 25 consultancy in indirect tax matters, shall be at least Rs.25 crore. The Bidder should have 25 =5 : 10 provided consultancy in >5 up to 10: 15 indirect taxation matters in >10 : 25 at least five listed companies having 2000 crore of total income in any of preceding three financial years. The Firm should have 25 =2 :10 provided consultancy in >2 up to 5 : 15 indirect tax matters in at >5 : 25 least two NBFC(s)/ Bank. The Firm should have at 25 =10 Partners and Professionals : 10 least 10 partners and professional with >10 up to 100 Partners and Chartered Accountant Professionals : 15 qualification having expertise in providing >100 Partners and Professionals : consultancy and 25 representation services in indirect tax matters. TOTAL MARKS 100

2.

3.

4.

iv)

v) vi) vii) viii)

Techno-Commercial Score: The final score shall be calculated for all technically qualified bidders using the formula: [(Minimum Commercial quote/ quoted price of the Bidder) x 30%] + [(Technical score/ Highest Technical Score) x 70%]. The bidder getting the maximum combined score out of 100 will be selected as the successful bidder. The financial bids shall be opened for the firms getting minimum 60 marks in technical evaluation. In case of a tie, preference will be given to the bidder having higher technical scoring. In order to understand profile of the firm and to have a clear understanding of the areas in which firm is having requisite expertise, IFCI Ltd. may at its absolute discretion invite one or more or all the bidders for further presentation.

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ix) x)

IFCI reserves all rights to accept or reject any or all proposals without assigning any reasons. The applicants should submit their Technical & Financial Bids strictly in the format given in Annexure - I and Annexure – II, respectively.

7) Terms & Conditions: i)

ii) iii) iv)

v)

This tender document contains information that is believed to be relevant at the date but does not purport to provide all of the information that may be necessary or desirable to enable an intending contracting party to determine whether or not to enter into a contract or arrangement with IFCI. Neither IFCI nor any of its employees, agents, contractors, or advisors gives any representation or warranty, express or implied, as to the accuracy or completeness of any information or statement given or made in this document. Each respondent should notify IFCI Ltd. of any error, omission, or discrepancy found in this tender document. A Respondent will, by responding to IFCI Ltd. for tender, be deemed to have accepted the terms of this Introduction and disclaimer. Appointed consultant shall during the tenure of the Contract and at any time thereafter keep all information relating to the work in full confidence and shall not, unless so authorized in writing by IFCI, divulge or grant access to any information about the work or its results and shall prevent anyone becoming acquainted with either through Tax consultant or its personnel or agents. The bids are to be submitted online in electronic format on website https://ifci.etenders.in. The Bidders may download Tender Document along with terms and conditions from IFCI website www.ifciltd.com home page by clicking e-tendering portal https://ifci.etenders.in. The bidders are requested to submit their bids (technical and commercial) prior to last date of submission to avoid any technical or other difficulty resulting in nonsubmission of their bids due to non-availability of website at last moment and or any reason whatsoever. Neither IFCI nor the E-Tendering service provider shall be responsible for any issues such as internet connectivity or noncompatibility internet browser or corrupt files uploaded by the bidder (uploaded file should open properly and clearly visible in Adobe Acrobat reader). The last date and time of submission of bids will not be extended due to the hanging of the system or congestion due to internet at the end of the bidders at the time of submitting tender. Bids not submitted online will not be entertained. IFCI reserves the right to reject all or any tender wholly or partly without assigning any reason whatsoever.

vi)

Bidders who wish to participate in this tender will have to register on line https://ifci.etenders.in. Bidders will have to procure Digital Signature Certificate (Type-II or Type-III) as per information Technology Act-2000 using which they can sign their electronic bids. Bidders can procure the same from any CCA approved certifying agency etc. or they may contact IFCI E-tender service provider M/s Nextenders India (P) Ltd., Help Desk Contact No.: 9811038892/8743042801/9310335475 09:30 AM to 05:30PM on all working days.) email : [email protected]

vii)

Bidders who already have a valid Digital Certificate do not need to procure a new Digital Certificate. The bidders are requested to read the user manual available on website https://ifci.etenders.in before initiating the process of ETendering.

viii)

The Bidder may download Tender Document along with terms and conditions from IFCI website www.ifciltd.com home page by clicking e-tendering portal

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https://ifci.etenders.in website. Bidder must keep track of any corrigendum and/ or addendum or any change in the schedule or any other relevant information issued in respect of the subject tender by IFCI. ix)

At any time prior to the deadline for submission of Bids, IFCI may, for any reason, whether at its own initiative or in response to a clarification sought by any prospective bidder, modify the bidding documents by amendment / addendum/corrigendum.

x)

The corrigendum/amendment will be issued /published in website https://ifci.etenders.in only. Bidders shall be solely responsible to check the web site for the amendment issued in shape of Corrigendum and/or Addendum up to last date of submission of bid.

xi)

Before electronically submitting the tenders, it should be ensured that all the tender papers are digitally signed by the bidders.

xii)

The online bids will have to be digitally signed and submitted within the time specified on website https://ifci.etenders.in. For any clarification on the Bidding Document, a pre bid meeting will be held on 29.12.2016 between 1500 Hrs. to 1600 Hrs. at in IFCI Tower, Nehru Place, New Delhi.

xiii)

Cost of bid document by way of a Demand Draft drawn on a scheduled commercial bank in favor of “IFCI Limited”, payable at New Delhi shall be submitted along with hard copy of the technical bid by the bidders at IFCI Limited 61 Nehru Place New Delhi – 110019, prior to opening of technical bids. The bids received after the specified date, time, incomplete unsigned, in open envelope or by fax or through email will be rejected. It is further clarified that financial bid shall not be submitted in hard copy

xiv)

The hard copy of Technical Bid shall be submitted in sealed envelope super-scribed as "Technical Bid for Appointment of Consultant for Indirect Tax Matters". Each page of the Technical bid is to be signed/initialed by Authorized Signatory, the last page of each page being signed.

xv)

All the bidders should mention the name, contact no. and email ID of one of their officer to contact for all communications in respect of Tender Process. xvi) Bidder should provide all the information ensuring its completeness and accuracy, in the desired format in clear and unambiguous manner. xvii) Each bidder shall submit only one bid for a single assignment. xviii) The Evaluation Committee of IFCI, formed for the purpose of evaluation of the bids, reserves the right to reject all or any bids without assigning any reason(s), whatsoever. It also reserves the right to relax any eligibility criteria thereof, in case of difficulty. The Committee also has the right to cancel/ restrict/ enlarge/ modify/ postpone and/or extend the date of receipt/ opening of Bid or withdraw the Bid notice without assigning any reason(s) whatsoever. In such case the bidders shall not be entitled to any form of compensation from the Company. xix) The successful bidder shall enter into integrity pact and confidentiality agreement, as required, with IFCI within the time frame mentioned in the award letter. xx) A Demand Draft of Rs. 10,000/- (Rupees Ten Thousand Only) (Non- Refundable) drawn on a scheduled commercial bank in favour of “IFCI Limited” payable at New Delhi, towards purchase of bid document, should be submitted along with the Technical Proposal in the absence of which the Bid will be disqualified.

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xxi)

If any false information/ documents is provided/ submitted in the bid document, IFCI reserves the right to reject such bid at any stage or to terminate the contract, if awarded, with immediate effect and take legal action against the bidder/ appointed firm, as may be appropriate. xxii) Any delay in completion of the job as per scope of work, or part thereof will invite imposition of penalty @ 2% per week of delayed portion or part thereof subject to a maximum of 10% of the total price. xxiii) The successful Bidder shall nominate a Nodal Officer, within 2 days from the award of the work/contract. Details of the Nodal Officer should be given to IFCI immediately after his/her nomination for timely and smooth interaction. xxiv) In case of any dispute arising during execution of the contract, an amicable solution may be arrived at with discussion and reconciliation. However, in case of any dispute remaining unresolved, decision of the Chief Executive Officer & Managing Director (CEO&MD), IFCI Ltd. will be final and binding. All legal disputes shall be subject to jurisdiction of Courts of Delhi. xxv) In case of any clarification required in this regard, the undermentioned persons may be contacted: Chirag Sapra Assistant General Manager Email ID: [email protected] Tel: 011-41732408 Nitin Bagga Manager Email ID: [email protected] Tel: 011-41732417 Bipin Luthra Assistant Manager Email ID: [email protected] Tel: 011-41732437

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ANNEXURE - I (On letter head of the Firm) Format of Technical Bid To Assistant General Manager (Accounts) IFCI Ltd., IFCI Tower, 61, Nehru Place, New Delhi – 110019 Dear Sir, Re: SN 1.

2.

3.

4. 5.

6.

7.

8.

9. 10. 11.

Appointment of Consultant for Indirect Tax Matters: Particulars Name of the firm (specifying as Chartered Accountant firm or Advocate Firm) and a brief profile may be attached. Year of Commencement of Practice/ Consultancy (Please attach Copy of Certificate of Practice from ICAI or other documentary evidence in case applicant is not a CA firm) Details of Head Office & Branch Office(s) Address Telephone Nos. Fax No. Email Website Name and profile of the Lead Partner of the firm Name, Qualification, post qualification experience and period of association with the firm - for the Partner proposed to be supervising the assignment of IFCI Ltd. (Attach Documentary evidence) Average turnover of the firm from consultancy in indirect tax matters during the last three financial years (FY 2013-14, FY 2014-15 and FY 2015-16): (Please mention the figures in outer column and submit audited balance sheet/ copy of ITR for last three years as documentary evidence) - No. of partners with chartered accountant qualification in indirect tax team of the firm - No. of professionals with chartered accountant qualification in indirect tax team of the firm (other than partners) No. of listed companies having 2000 crore of total income in any of preceding three financial years, to which the Bidder has provided consultancy in indirect taxation matters.

Information

No. of NBFC(s)/ Bank to which the bidder has provided consultancy in indirect tax matters Please also provide a work plan for effective execution of the assignment at IFCI. Profile of the team members proposed to be committed for IFCI's assignment in the below given format: Sr. No.

Name

Designation

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Qualification

Experience

SN

Particulars

Information

12. Any other relevant information. (Attach Documentary evidence) Declaration: i. All the information provided by us here above are correct to the best of our knowledge & belief. ii. We have read all the instructions, terms & conditions of tender document and these are acceptable to us. iii. We have no objection if enquiries are made about the work listed by us in the accompanying sheets/ annexure. iv. We do not have any conflict of interest with IFCI Ltd. v. I/We have provided a certificate from chartered accountant that information provided at serial number 6 to 9, are verified from the books of account and records of the applicant firm. vi. There has not been any disciplinary action initiated or contemplated/ suspension of business by ICAI/ RBI or other regulatory/ statutory authority during the last five years against the firm, any partner or employee thereof. vii. The bidder is not blacklisted in any manner whatsoever by any central Government department, autonomous organizations, Public Sector Undertakings (PSUs) or any other Government organizations in India on any ground including but not limited to corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice. Signature Name & Designation of the Authorized Signatory Date: Place:

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ANNEXURE-ll (On the Letter head of the Firm) Format for Financial Bid To Assistant General Manager (Accounts) IFCI Ltd., IFCI Tower, 61, Nehru Place, New Delhi - 110019 Dear Sir, Re: Appointment of Consultant for Indirect Tax Matters: We _______________________ (Name of firm), _______________ (Place of principal office) are pleased to submit our Financial/ Commercial Bid for the assignment/ scope of work as mentioned in the tender document. Our fee quote for the same is as below: Particulars

Fee for scope mentioned in document.

Fees Amount- (` in Figures)

Amount- (` in Words)

of work as the tender

The fee above is inclusive of out of pocket expenses but exclusive of all taxes. Signature Name & Designation of the Authorized Signatory Seal of the Firm Date: Place:

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