E-Tender No. DEVCOMM(U.L)/D.T./Audit/2021 Date : 22/11/2021
Request for Proposal (RFP)
For Selection of Statutory Auditor for Maharashtra Domestic Workers Welfare Board, office of the Development Commissioner (Unorganised Labour) for the F.Y. 2015‐16 to 2020‐21.
Tendering Authority:
Development Commissioner(Unorganised Labour) Maharashtra Domestic Workers Welfare Board
Prabhadevi, Mumbai
Address & Contact: Maharashtra Kamgar Kalyan Mandal Prashashkiya Bhawan, 6th floor, Senapati Bapat Road, Prabhadevi, Mumbai‐400012.
Phone No – 24219895 HIRING SERVICES OF CHARTERED ACCOUNTANTS FIRM FOR STATUTORY AUDIT OF ALL SCHEMES UNDER MAHARASHTRA DOMESTIC WORKERS WELFARE BOARD, OFFICE OF THE DEVELOPMENT COMMISSIONER (UNORGANISED LABOUR) FOR THE F.Y.2015‐16 to 2020‐21
The Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board, invites Proposals from Chartered Accountants firms empanelled with C& AG for Major Audit for the F.Y 2020‐21 and which meet the all the conditions in the eligibility criteria listed below, for carrying out the statutory audit of all schemes for the financial year 2015‐16 to 2020‐21 as per the Terms Of Reference provided in the RFP.
Eligibility Criteria: The firm must (a) be empanelled with C & AG for major audit and ICAI: (b) have at least 5 full time partners (FCA) who are fellow members of the ICAI for a period not less than 5 years ( as per certificate of ICAI as on 01.06.2021) : (c) have an average turnover of Rs. 100 lakhs p.a. in the last 3 years: (d) have at least 5 assignment of Internal /Statutory Audit of Social Sector/External Aided Projects (excluding the Audit of Charitable Institutions/NGOs) of State & Central Government Department During the F.Y 2017‐18, 2018‐19 & 2019‐20. (e) Have at least 2 assignment of Statutory Audit of Social Sector/External Aided Projects (excluding the Audit of Charitable Institutions/NGOs) in Government Department of Maharashtra during the F.Y 2017‐18, 2018‐19 & 2019‐20. (f) Experience of the firm in implementation/Audit under PFMS of Social Sector/External Aided Projects /working during the F.Y 2017‐18,2018‐19 & 2019‐20 (Based on the no. of experience certificate)
Detailed RFP: Detailed Request for Proposal (RFP) comprising Background, Terms of Reference (ToR) and Guidelines for submitting the proposal can be either downloaded from the website https://www.mahatenders.gov.in
SCHEDULE OF E‐TENDER PROCESS
Sr. Stage Date & Time Action by No.
1 Tender Release 22.11.2021 at 11.30 a.m Development
2 Tender Sale/Purchase 22.11.2021 at 11.30 a.m. up to C(oUmnLomarbigsoasuniroi)sneedr, 3 Last Date of Bid Submission 29.11.2021 at 1.30 p.m
29.11.2021 up to 2.30 p.m
4 Technical Bid Opening 30.11.2021 3.30 p.m 5 Commercial Bid Opening Will be communicated later. (Tentatively) A) Notice Inviting Tender (NIT)
A.1) Name of Work: Statutory audit of Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board, for the financial year 2015‐16 to 2020‐21 as per the Terms of Reference provided in the RFP.
A.2) Time Limit: Time limit for Audit to be completed within 6 months from the date of contract.
A.3) Bid Security (EMD): Bidders need to pay Rs. 70,000 /‐ for Bid security by online only, on e‐tendering website (https://www.mahatenders.gov.in).Failing this will cause rejection of bid as non‐responsive. This will not carry any interest.
A.4) Validity of Bid: ‐ 120 days from the last date of submission. A.5) Bidding Process: Two Bid System by online only. (Technical & Commercial
Envelopes). A.6) Validity of the Contract and Rate: Contract & rates shall be valid for 1 year from
the date of contract or the extended period, if granted. During this period the office shall not allow any increment of cost, immaterial of any circumstances, except for GST which will be paid as applicable. A.7) Issue of Blank Tender Forms: from 22.11.2021 at 11:30 a.m. to date 2 9 .11.2021 to 1.30 p.m. The prospective bidders will be authorized to download the Tender forms from the website https://www.mahatenders.gov.in only after online payment towards cost of Blank Tender forms up. A.8) Cost of Blank Tender Form: Bidders can download/purchase/submit e‐tender by paying Rs 4,200/‐ (Non Refundable) by online only on e‐tendering website (https://www.mahatenders.gov.in) failing this will cause rejection of bid as non‐ responsive. A.9) Online Submission of Completed Bid: up to 29.11.2021 at 2:30 p.m. The Prospective Bidders shall submit the uploaded documents on the website as mentioned above, in stipulated time. Failing this will cause rejection of bid as non‐ responsive.
A.10) Opening of Technical Bid: On 30.11.2021. at 3:30 p.m. at the office of the Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board Maharashtra.
A.11) Opening of Commercial Bid: will be uploaded by Employer on the e‐tendering portal. A.12) Employer/Purchaser/Tendering Authority: The Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board, Maharashtra Kamgar Kalyan Mandal Prashashkiya Bhawan, 6th floor, Senapati Bapat Road, Prabhadevi, Mumbai‐400012.
A.13) Right to reject any or all Bids, without assigning any reasons therefor, is reserved by t h e Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board, whose decision will be final and legally binding on all the Bidders.
A.14) Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board, at his discretion may extend the deadline of submission of Bid by issuing corrigendum.
A.15) Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board, shall have the right to revise or amend the contract document prior to receipt of Bid.
A.16) In case of a firm, Digital Signature Certificate of Proprietor, Director, Partner or Power of Attorney Holder needs to be used in e‐Tendering. The attested copies of power of attorney of person signing the Tender shall be enclosed with The Tender. The power of attorney shall be signed by all partners.
A.17) All the scanned copies of certificates/Document attached with the tender should be invariably duly attested by self. If it is not found properly attested, the tender is liable to be treated as invalid. Also need to produce original certificates/documents during scrutiny stage, if required by concerned Tendering Authority. REQUEST FOR PROPOSAL (RFP) –
Section I
Maharashtra Domestic Workers Welfare Board: The workers engaged in Domestic work are the most vulnerable segments of the unorganized labour in India, the works undertaken by them, are casual and temporary and often work for more than one employer. The relationship of workers and the employers is temporary; the working hours are uncertain. The workers often made to work for longer hours; the households at which these workers undertake/carry on their work, seldom provides basic amenities and welfare facilities. With the increase in the urban population, increase in the number of working women in urban areas, decline of extended families the number of domestic workers has also increased. Although exact data on number of workers engaged in domestic works is not available for want of survey, it is estimated that more than 1.5 million workers are engaged in domestic works. Similarly the data on the number of employers in the State is not available. However, it is estimated that there are 4 to 5 million employers of domestic workers in Maharashtra. Considering the fact that that the domestic workers are not covered under any labour law the Government of Maharashtra decided to extend some welfare benefits to such workers. With a view to promote welfare of domestic workers in the state of Maharashtra the State has enacted the Maharashtra Domestic Workers welfare Board Act 2008.
Objects: To provide for the constitution of the Board for providing welfare of domestic workers in the State of Maharashtra and to create funds for granting various financial benefits & for matters connected therewith or incidental therewith.
Constitution of Welfare Board for implementation of the Act (Section 3): a) A Board or more Boards for one district or one Board for more than one district can be constituted. b) The Board shall consists of members representating equal number of employers, domestic workers and the number of members representating Government shall not be more than one third of the total numbers. c) The Government of Maharashtra vide Notification dt. 12th August 2011, have constituted the Domestic Workers Welfare Board for the State of Maharashtra.
Function of the Board: a) The registration of domestic workers as beneficiaries under the Act b) To grant benefits as enumerated under Section 10, to beneficiaries which they are entitled to under the Act. c) To constitute and administered the fund for the purposes of this Act as provided under Section 15. d) And any other functions as may be assigned to it by the State Government, from time to time. e) To maintain proper account and other relevant records and prepare an annual statement of accounts including the Balance‐sheet. f) To prepare its Budget for the next financial year showing the estimated receipts and expenditure of the Board and forward the same to the State Government etc. Benefit to the beneficiary:
a) Immediate assistance to a beneficiary in case of accident, b) Financial assistance for the education of the children of the beneficiary. c) Medical expenses for treatment of ailments of a beneficiary or his dependent d) Maternity benefit to the women beneficiaries (shall be restriction in case of two
children only) : Board in the meeting dated 28.09.2012 decided to give financial Assistance of Rs 5000/‐ for each delivery as Maternity benefit to the women beneficiaries. e) Payment of funeral expenses to the legal heir on the death of the beneficiary of Rs 2000/‐. f) Honorary benefit: The domestic workers registered with the board and completed the age of 55 years as on 31.07.2014 were eligible for the financial assistance of Rs 10,000/‐ g) Such other benefit as may be decided by the Board, from time to time.
Registration of Domestic Worker:
Eligibility: Every domestic worker who has completed 18 years of age but has not completed 60 years of age and who has been engaged in any domestic work are eligible for registration as a beneficiary. The application for registration shall be made in Form F (as prescribed under Rule 9(1),to the authorized officer of the Board. The application shall be accompanied with
a) A registration fee of Rs. 30/‐ to be paid by challan/demand draft/postal order/cash
b) The proof of age of domestic worker c) Certificate from the present employer or an affidavit by the applicant that she is a
domestic worker d) Proof of residential address e) Three passport size photographs of the domestic worker f) On registration of the domestic workers as beneficiaries, the Secretary shall enter it
in the Register in Form G. g) Identity card on registration of domestic worker as beneficiary, the Board shall
issue to him an Identify card in Form H. h) Contribution by beneficiaries – a registered domestic worker shall pay a
contribution of Rs. 5/‐ per month to the Board with which he/she is registered.
Total Domestic workers registered till date is 466825. Aam Aadmi Bima Yojana (AABY): The Aam Admi Bima Yojana was launched on 2nd October 2007. It is a social security scheme that is targeted toward the low‐income families of India. This scheme benefits those who are usually not on a payroll, for example, fishermen, auto drivers, cobblers, etc. Due to low income, they may not think of saving money to face a grave contingency like death or disability. The Aam Aadmi Bima Yojana (AABY) provides them with monetary aid to face such unfortunate situations.
What Is Covered Under Aam Aadmi Bima Yojana?
The Aam Aadmi Yojana provides coverage to all the eligible members when an unfortunate event like death or disability occurs. Here is the coverage of this insurance plan:
1. Death due to natural causes: A death certificate of the deceased will be required at the time of claim.
2. Death due to an accident: A medical certificate stating the cause of death as an accident will be required while claiming.
3. Partial Disability or Permanent Total Disability: A medical certificate issued by a government medical practitioner stating the nature of disability will be required at the time of claim.
Here is a table listing coverage and sum assured
Coverage Benefit
Death from natural causes Rs.30,000/‐
Accidental death Rs.75,000/‐
Partial disability Rs.37,500/‐
Permanent total disability Rs.75,000/‐
Scholarship Rs.100/‐ per month per child
What is Not Covered? Through this insurance plan, the government wishes to provide monetary help to those who are in need due to unfortunate events like death or disability. Considering this, the plan has certain situations that are not covered. Here is the list of exclusions of AABY:
1. Cost of hospitalization 2. Death or disability due to mental disorders 3. Suicide 4. Death or disability due to a war‐like situation in the country 5. Taking part in dangerous and adventurous sports
6. Taking part in illegal activities
7. Loss of life or disability due to substance abuse
Pradhan Mantri Shram Yogi Maandhan Yojna:
Pradhan Mantri Shram Yogi Maandhan is a government scheme meant for old age protection and social security of Unorganized Workers (UW).
Unorganized Workers (UW) are mostly engaged as home based workers, street vendors, mid‐day meal workers, head loaders, brick kiln workers, cobblers, rag pickers, domestic workers, washer men, rickshaw pullers, landless laborers, own account workers, agricultural workers, construction workers, beedi workers, handloom workers, leather workers, audio‐ visual workers or workers in similar other occupations.
It is a voluntary and contributory pension scheme under which the subscriber would receive a minimum assured pension of Rs 3000/‐ per month after attaining the age of 60 years and if the subscriber dies, the spouse of the beneficiary shall be entitled to receive 50% of the pension as family pension. Family pension is applicable only to spouse.
On the maturity of the scheme, an individual will be entitled to obtain a monthly pension of Rs. 3000/‐. The pension amount helps pension holders to aid their financial requirements.
The scheme is a tribute to the workers in the Unorganized sectors who contribute around 50 per cent of the nation’s Gross Domestic Product (GDP).
The applicants between the age group of 18 to 40 years will have to make monthly contributions ranging between Rs 55 to Rs 200 per month till they attain the age of 60.
Once the applicant attains the age of 60, he/ she can claim the pension amount. Every month a fixed pension amount gets deposited in the pension account of the respective individual.
Eligibility Criteria
For Unorganized Worker (UW)
Entry age between 18 to 40 years Monthly Income Rs 15000 or below
Should not be
Engaged in Organized Sector (member of EPFO/NPS/ESIC) An income tax payer
He/ She should possess
Aadhaar card Savings Bank Account / Jan Dhan account number with IFSC Section II
1. Objective of audit services: The essence of Audit Policy is to ensure adequate independent, professional audit assurance that the funds received by implementing agencies were used for the purposes intended, that the Annual Project Financial Statements are free from material misstatement, and that the terms of fund release were complied with in all material respects.
The objective of the audit of the Project Financial Statement (PFS) is to enable the auditor to express a professional opinion as to whether
(1) The PFS give a true and fair view of the sources and applications of project funds for the period under audit examination;
(2) The funds were utilized for the purposes, for which they were provided,
(3) The procurement procedure prescribed has been followed; and
(4) In addition, where applicable, the auditor will express a professional opinion as to whether the Financial Management Reports submitted by project management may be relied upon
The books of account that provide the basis for preparation of the PFS/CFS of the board are established to reflect the financial transactions of the project/board and are maintained by office and its constituent state, district level units.
1. Audit Standards
The audit will be carried out in accordance with the Auditing Standards promulgated by the Institute of Chartered Accountants of India. The auditor should accordingly consider materiality when planning and performing the audit to reduce audit risk to an acceptable level that is consistent with the objective of the audit. Although the responsibility for preventing irregularity, fraud, or the use of credit/loan proceeds for purposes other than as defined in the legal agreement remains with the borrower, the audit should be planned so as to have a reasonable expectation of detecting material misstatements in the project financial statements.
2. Audit Scope
A) In conducting the audit, special attention should be paid to the following: I. All external funds have been used in accordance with the conditions of the relevant legal agreements and only for the purposes for which the financing was provided. II. Effective Project Financial Management Systems, including internal controls, were in operation throughout the period under audit examination. This would include aspects such as adequacy and effectiveness of accounting, financial and operational controls, and any needs for revision; level of compliance with established policies, plans and procedures1; reliability of accounting systems, data and financial reports; methods of remedying weak controls or creating them where there are none; verification of assets and liabilities; and integrity, controls, security and effectiveness of the operation of the computerized system; and III. Counterpart funds have been provided and used in accordance with the relevant legal agreements and only for the purposes for which they were provided; IV. All necessary supporting documents, records, and accounts have been kept in respect of all transactions including expenditures reported. Clear linkages should exist between the books of account and reports presented ; V. The Office Accounts have been prepared in accordance with the accounting principles defined in the Project Financial Manual and give a true and fair view of the Financial Position of the Project at the year end and of resources and expenditures for the year ended on that date; and VI. Goods and Services financed have been procured in accordance with the procurement procedure prescribed in the Procurement Manual of Government of Maharashtra. VII. Tax Audit of the Board for the Audit Period. VIII. The offices to be audited mentioned in Annexure‐I
B) Project Financial Statements
A format of such financial statements and relevant schedules showing the consolidation of all the programs is given separately after appointment of CA Firm shall include the following:
i. Audit Opinion ii. Balance sheet showing accumulated funds of the project balances, other assets of the
project, and liabilities, if any. iii. Income & Expenditure account for the year ending on 31st March 2021. iv. Receipt and Payment Account for the year ending on 31st March 2021. v. Other Schedules to the Balance sheet as appropriate, but which shall include.
1. Statement of Fixed Assets in the form of a Schedule, 1. Schedule of Advances (Age‐wise analysis) 2. Schedule of all Cash & Bank Balances (Attach bank reconciliation statements) 3. Schedule of Program wise statement of expenditure
vi. Notes on Accounts showing the accounting policies followed in the preparation of accounts in the Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board and any other significant observation of the auditor.
vii. Auditor shall have to specify the significant observations, including internal control weaknesses for each program and also specify the institution to which these relates to enable/ facilitate appropriate follow up action.
viii. Scheme wise Utilization Certificates (UCs) as per Form 19‐A of GFR 2017; duly tallied with the Income & Expenditure and expenditure on Fixed Asset during the financial year (which have been shown as capitalized) [Attach a statement showing the details of expenditures clubbed in the Utilisation Certificate tallying with the Income & Expenditure Account and Schedules forming part of it]. ix. Action Taken Report on the previous year’s audit observation
x. Representation by Management: Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board, management should sign the financial statements and provide a written acknowledgement of its responsibility for the preparation and fair presentation of the financial statements and an assertion that the project funds have been expended in accordance with the intended purposes as reflected in the financial statements.
xi. All other statement & certificates as required to be submitted for the released of fund which is to be certified by the auditor.
xii. The consolidation of financial statements of all units of the State, Districts and all its allied units etc., at periphery & State level along with its Certification of SOEs & UCs for submission of report to GOI.
An Audit Report on the Project Financial Statements should be prepared in accordance with the Auditing Standards promulgated by the Institute of Chartered Accountants of India. Those standards require an audit opinion to be rendered related to the financial statements taken as a whole, indicating unambiguously whether it is unqualified or qualified and, if the latter, whether it is qualified in certain respects or is adverse or a disclaimer of opinion. In addition, the audit opinion paragraph will specify whether, in the auditor’s opinion, (1) the funds were utilized for the purposes for which they were provided, (2) expenditures shown in the PFS are eligible for financing under the relevant loan or credit agreement and, where applicable.
C) Management Letter In addition to the Audit Report on the Project Financial Statements, the Auditor may prepare a management letter containing recommendations for improvements in internal control and other matters coming to the attention of the auditor during the audit examination, possibly including matters such as the following:
Observations on the accounting records, systems, and controls that were examined during the course of the audit Deficiencies or weakness in systems and controls, together with specific recommendations for improvement Compliance with financial covenants in the financing agreements matters that might have a significant impact on the implementation of the project The status of recommendations from previous management letters, including any issues which remain to be addressed and any issues which recurred Any other matters that the auditor considers pertinent.
The auditor should supply the Bank with a copy of the Management Letter together with the audit report on the project financial statements. In the event that no management letter is issued, the auditor should supply a written advice to that effect together with the Audit Report on the Project Financial Statements. D) Period, Timing And Sample Coverage of Statutory Audit
The Statutory Audit will be carried out for Financial Years 2015‐16 to 2020‐21. You should prepare your Financial Proposals on the volume of work as stated below
Sr. Units Numbers
No.
1 Development Commissioner 1
(Unorganised Labour), Maharashtra
Domestic Workers Welfare Board,
Maharashtra Kamgar Kalyan Mandal
Prashashkiya Bhawan, 6th floor,
Senapati Bapat Road, Prabhadevi,
Mumbai
2 Districts offices 41
Total units 42
E‐1) Timing: The Audit would be carried out annually and the report should be provided to the SMMU latest by 31st October, each year to facilitate approval.
E‐2) Period of Appointment: The Auditor will be appointed to conduct Audit for a period of 2015‐16 to 2020‐21 and his services may be further extended as per the performance of Auditor and need of Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board for two more year.
E‐3) Review of the Audit Report‐ Audit Report may be reviewed to assess whether Auditor delivered all reports and documents specified in the contract, in the form and manner and within the time period as specified; Assess whether the reports and documents are easily understandable or not; Has the auditor satisfied the expectations of service quality, such as Adequacy, Applicability, Effectiveness, Innovativeness and Impartiality; to examine whether auditors are covering the scope of work and achieving the objectives of assignment set forth in the description of service mentioned.
3. General: The auditor should be given access to any information relevant for the purpose of conducting the audit.
4. The Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board reserves the right to keep, amend, and accept/reject of any proposal/clauses/criteria according to the need / requirements in the interest of organisation.
5. The CA firms listed by C&AG for major audit for the F.Y 2020‐21 will be eligible to submit their proposals. In support of the same the C.A. firm has to attach copy of the C&AG empanelment duly certified. In absence of said supportive document the proposal will be summarily rejected. Section – III
Eligibility Criteria:
I. C.A. firms eligible for audit: Chartered Accountants firms those are empaneled with C&AG for Major Audit for the year 20‐21. In this regard firm have to submit their details about the firm as per Annexure‐2.
II. The firm should have Head/Branch Office within the Maharashtra States from last 5 years from the date of issue of this RFP.
III. Firms must qualify following minimum criteria:
Sr. Particulars Minimum No. Criteria
1. The firm must be empanelled with C&AG (Major Audit) for ‐‐‐‐ financial year 2020‐21
2. The firm must have at least 5 full time partners (FCAs) who are 5 FCAs fellow members of the ICAI associated with the firm for a period not less than 5 years (As per ICAI Certificate as on 01.01.2021)
3. Average Turnover of the firm Minimum (Average annual in last three financial yrs. i.e. F.Y 2017‐18, 2018‐ Rs.100 Lakhs 19 & 2019‐20).
Experience of the firm in Internal /Statutory Audit of Social Sector/External Aided Projects (excluding the Audit of Charitable 4. Institutions/NGOs) of State & Central Government Department 5 During the F.Y 2017‐18, 2018‐19 & 2019‐20. if assignment fees Assignments
exceed Rs. 2,00,000/‐ Per Annum.
Experience of the firm in Statutory Audit of Social
5. Sector/External Aided Projects (excluding the Audit of Charitable 2 Institutions/NGOs) in Government Department of Maharashtra Assignments During the F.Y 2017‐18, 2018‐19 & 2019‐20. If assignment fees exceed Rs. 2,00,000/‐ Per Annum.
Experience of the firm in implementation/Audit under PFMS of
6. Social Sector/External Aided Projects /working during the F.Y 3 2017‐18,2018‐19 & 2019‐20 (Based on the no. of experience Assignments
certificate)
a) Any firm not qualifying all these minimum criteria need not apply as its proposal shall be summarily rejected.
b) Supporting Documents for Eligibility Criterions:
Following supporting documents must be submitted by the firm along with the technical proposal: i. For S. No. 1, the firm must submit an attested copy of Certificate of C&AG that firm is empanelled for the F.Y 2020‐21
ii. For S. No. 2, the firm must submit an attested copy of Certificate of ICAI as on 01.01.2021 will be considered only.
iii. For S. No. 3, the firm must submit, a certified copy of the Audited Balance Sheet & Profit & Loss Account for the last three years. C.A. Firm may also be provided the break‐up of Fees (Audit Fee, Taxation and Others) along with financial statements duly certified by External Statutory Auditor.
iv. For S. No.4, the firm must submit a copy of the appointment letters/work completion certificate from the auditee organizations.
v. For S. No.5, the firm must submit a copy of the appointment letters/work completion certificate from the appointee organizations.
vi. The Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board reserves the right to change / cancel the evaluation / marking criteria without assigning any reason and to change in evaluation criteria as per requirement and in the interest of organization.
vii. The originals of all supportive documentary evidences may be called for its verification in case of selection to ensure about its authenticity & genuinely.
IV. The firm or any partners of the firm should not be black listed by any PSUs, Govt. Co., ICAI or any other organisation in respect of any assignment or behaviour. [Self attested affidavit on Rs.100/‐ stamp paper is to be given in this regard by the authorised person of the firm].
V. The firm shall give an undertaking that the team members are proficient in the State’s official language both oral and written on their own letter head.
VI. Firm should having Head/Branch Office in Mumbai/Thane/Navi Mumbai, Maharashtra from last five years will be given preference.
VII. As per the Government mandate, Goods & Service Tax Registration (GST) of the said firm is mandatory and registered in Maharashtra.
Section IV ‐ Guidelines for Submitting the Proposals:
Team Composition & Number of Teams for the assignment: As there are a large number of districts and implementing entities below a district, a minimum sample coverage and time bound completion schedule, more than one team will need to be constituted for the assignment. The team(s) for the assignment (including those for audit of district & sub district level implementing units) must be headed by a qualified Chartered Accountant with one semi‐qualified C.A. (C.A. Inter) and two support staff (Junior Auditor/Articles). The number of teams may be constituted in a manner that each team does not have responsibility for audit of more than 4 to 5 districts in a State. The technical proposal must clearly elaborate on the team composition as given in Annexure‐4. It may be noted that a record of the team shall be maintained facility wise visit and team has to collect a certificate of their attendance giving their name, designation and date of visit etc. duly certified the head of that facility. i. Manner of Submission of Tender and its Accompaniments: The tender and accompanied documents shall be submitted online only. Technical bid & Commercial bid needs to be submitted online separately. The Commercial offer submitted anywhere other than the space provided for it will render the bid non responsive.
ii. Single Proposal: A firm should submit only one proposal. If a firm submits or participates in more than one proposal, all such proposals shall be disqualified.
iii. All agencies must comply with the Technical Specification, General Conditions and Format/Requirements for Technical and Financial proposal.
iv. Each page, Form, Annexure and Appendices of the Technical and Financial Proposal must be duly stamped & signed by the Authorised signatory of the firm.
v. All blank spaces in the Technical or Financial proposal must be filled in completely where indicated, either typed or written in ink.
vi. The Firm or partners of the firm must comply with the Chartered Accountants Act, 1949, other notification & guidelines issued by the ICAI from Time to time.
vii. Maharashtra Domestic Workers Welfare Board under the office of the Development Commissioner (Unorganised Labour), reserves all the rights to accept or reject any application without giving any explanation and can change the evaluation/marking criteria as per its requirements in the interest of the organisation.
viii. Maharashtra Domestic Workers Welfare Board under the office of the Development Commissioner (Unorganised Labour), may take its own decision while evaluating the proposal with regard to awarding weightage on Technical & financial scrutiny.
ix. The Firm or partners of the firm must comply with the Chartered Accountants Act, 1949,
other notification & guidelines issued by the ICAI from Time to time.
x. The Firms those are interested to be appointed will have quote minimum audit fees
excluding all taxes is Rs 21,00,000 for this assignment (Calculated on the basis of quantum & quality of work) considering the Guidelines no. CA (7)/3/2016, DT 07/04/2016 issued by Institute of Chartered Accountants of India.
xi. If required constitution of the team is not deployed/The assignment is outsourced to some other firm or chartered accountants, the state may take appropriate action as it deems fit (including blacklisting of the firm) against the firm, keeping the Ministry/ICAI informed.
xii. Joint venture/ Consortium of the firm is not allowed if the proposal is submitted in JV/Consortium in that case proposal is summarily rejected.
xiii. Any response received after the due date or not found to be in accordance with the above procedure, maybe liable to be rejected outright and the decision of the Maharashtra Domestic Workers Welfare Board under the office of the Development Commissioner (Unorganised Labour),in this regard shall be final. A. Technical Proposal:
i. Letter of Transmittal (Form‐1) along with tender fees in the form of Demand Draft as stated in the RFP.
ii. Details of the Firm along with Details of Partners (Form ‐2),
iii. Details of Qualified Staff & Semi‐qualified Staff (Form ‐3),
iv. Details of the Team Composition (Form ‐4): Firm must provide the structure and composition of the teams which shall be deputed (see point ii of the general guidelines above) for conducting the audit. Firm should provide the Curriculum Vitae of the key personnel (experts) who would be leading the individual audit teams and the overall audit assignments completed by them.
iv. Description of Approach, Methodology & Work Plan for performing the Statutory Audit of Maharashtra Domestic Workers Welfare Board under the office of the Development Commissioner (Unorganised Labour), (Form ‐5)
v. Brief of the relevant experience (Form ‐6)
vi. Comments & suggestions on the RFP (Form ‐7).
B. Financial Proposal:
i. The financial bid shall be submitted separately as prescribed in BOQ format online only. The firm have to quote consolidated audit fees giving a break up of professional (audit) fees including out of pocket expenses like Boarding / Lodging, TA / DA etc. This audit fee shall be exclusive of the service tax as applicable.
ii. Percentage (or proportion) of funds involved/turnover shall not be basis for quoting the audit fee, and in such case the proposal shall be rejected.
iii. Auditor should plan the audit in such a way that the maximum numbers of facilities are covered during the visit and also to ensure about the completion of audit in a time bound manner. Form‐1 Letter of Transmittal
To, The Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board, Maharashtra Kamgar Kalyan Mandal Prashashkiya Bhawan, 6th floor, Senapati Bapat Road, Prabhadevi, Mumbai‐400012.
Dear Sir,
We, the undersigned, offer to provide the Professional services for Statutory Audit of Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board in accordance with your Request for Proposal dt…(date of advertisement).
We hereby declare that all the information and statements made in this Proposal are true and accept that any misinterpretation contained in it may lead to our disqualification.
We hereby declare that our firm & all the partners of the firm are complying with the Chartered Accountants Act, 1949, other notification & guidelines issued by the ICAI from Time to time.
We agree to bear all costs incurred by us in connection with the preparation and submission of the proposal and to bear any further pre‐contract costs.
We understand Development Commissioner (Unorganised Labour), Maharashtra is not bound to accept any proposal or to give any reason for award, or for the rejection of any proposal.
I confirm that I have authority of [Insert Name of the C.A. Firm] to submit the proposal and/or to negotiate on its behalf.
Yours faithfully,
( ) Form ‐2
Particulars/Details of the Firm
Sl. PARTICULARS Supporting Documents required to be
No. submitted along with this Form
1 Name of the Firm
2 Addresses of the H.O. Firm:
Head Office Phone No:
Fax No: Mobile of Head Office In‐charge:
Email ID:
Date of establishment of Firm Attach copy of certificate of ICAI as on date
of advertisement
No. of Years of Existence of Firm Attach copy of Partnership Deed
Branch Office 1, 2,3…… Branch Address of the firm:
(Particulars of each branch to be given) Phone No: Fax No:
Mobile of each Branch Office In‐charge: Email ID:
3 Firm Income Tax PAN No. Attach copy of PAN card
4 Firm GST Registration No. Attach copy of Registration
5 Firm’s Registration No. with ICAI Attach copy of certificate of ICAI as on date of advertisement
6 Empanelment No. with C & A G Attach proof of empanelment with C&AG for the year 2020‐21.
7 Whether the firm is listed as Major Audit firm by If yes, Attach copy of C&AG Major Auditor
C&AG Certificate for the F.Y 2020‐21.
8 Turnover of the Firm in last three years i.e. Mention the yearly turnover of the firm. During the F.Y 2017‐18, 2018‐19 & 2019‐20. Attach balance sheet and P&L Account of the last three years duly certified. And also
give Break‐up of Audit Fee and Other Fees Received.
9 Annual Average Turnover with Break‐up of Fee Mention the Average Annual Turnover.
towards Audit, Income Tax matters and others Provide a Chart (Specify) i.e. During the F.Y 2017‐18, 2018‐19 &
2019‐20
10 Audit Experience of the Firm: Mention the Number of assignment also
Experience of the firm in Internal /Statutory attached Copy of the Appointment Audit of Social Sector/External Aided Projects Letter/work completion certificate from
(excluding the Audit of Charitable the auditee organisation Institutions/NGOs) of State & Central
Government Department During the F.Y 2017‐ 18, 2018‐19 & 2019‐20. if assignment fees
exceed Rs. 2,00,000/‐ Per Annum.
11 Audit Experience of the Firm: Mention the Number of assignment also Experience of the firm in Statutory Audit of attached Copy of the Appointment
Social Sector/External Aided Projects (excluding Letter/work completion certificate from the Audit of Charitable Institutions/NGOs) in the auditee organisation Government Department of Maharashtra During
the F.Y 2017‐18, 2018‐19 & 2019‐20. If assignment fees exceed Rs. 2,00,000/‐ Per Annum.
12 Experience of the firm in implementation/Audit Attach experience certificate from the under PFMS of Social Sector/External Aided respective organisation on the letter head.
Projects /working during the F.Y 2017‐18,2018‐ 19 & 2019‐20 (Based on the no. of experience
certificate)
13 Details of Partners: Provide following details:
Number of Full Time Fellow Partners Attested copy of Certificate of ICAI as on
associated with the firm. date of advertisement. Also provide a tabular chart. Name of each partner, Date of becoming ACA and FCA
Date of joining the firm,
Membership No.,
Qualification
Experience
Whether the partner is engaged full time or part time with the firm.
Their Contact Mobile No., email and full
Address Form ‐3 A. Details of Qualified Staff (Chartered Accountants)
(Please provide a self‐attested copy of Certificate of ICAI as on date of advertisement for each qualified staff)
S. No. Name of Length of Educational Area of Membership Relevant Staff Association Qualifications Key No. Experience 1 2 with the Expertise 3 Firm
(in years)
B. Details of Semi‐qualified Staff (including Article Clerks etc)
S. No. Name of Length of Educational Area of Relevant Remarks Staff Association Qualifications Key Experience with the Expertise Firm (in years)
Semi Qualified Staffs: 1 2 .. Article Clerks: 1 2 .. Others 1 2 .. Form‐4
Details Of Structure & Composition Of Team And Task Assignments – Deployed For Proposed Assignment
Each team will constitute of minimum 4 members with qualifications as below:
Name Position/ No’s Educational Key Relevant Name of Number Team (Mini Qualificatio Responsibil the firm to of Man Number mum) n ities or Experienc which he days Task e and belongs in estimate 1 Assigned case of d for period of Associate task associatio completi n with the on
firm
Chartered Team Accountant Leader
Semi‐ Individual 1 Qualified District (CA Inter) Team Lead
Support Support to 2 Staff (Jr District/ Auditors) State team
lead
Total estimated man days required to complete the task
1. The firm shall give an undertaking that the team members are proficient in the State’s official language (both oral and written).
2. Firms must also clearly bring out the number of teams it plans to deploy for the audit keeping in view the scope of work, coverage and Guidelines for submitting the proposal. Structure of each team should be indicated as per format below
Structure of Team 1, 2, 3 ..:
Name of CA Names of Qualifications Number of Time Required for Support Staff districts Each (including the assignment
blocks as specified in RFP)
proposed to be covered. Form ‐5
Description of Approach & Work Plan for performing the Audit
A. Technical Approach :
The firm should explain the understanding, the objectives of the assignments, approach to the services, methodology for the carrying out the activities and obtaining the expected output, and the degree of the detail of such output.
B. Work Plan along with the time required for each work/ assignment in the State/ District/ Blocks etc:
The firm should propose the main activities of the assignment, their content and duration, phasing and inter‐relations, milestones (including interim approval by the office), and delivery dates of the reports.
The proposed work plan should be consistent with the technical approach showing understanding of the TOR and ability to translate them in to a feasible working plan
C. Key Professional Staff Qualifications & Competence for the assignment:
The Experience of the Firm in executing the similar assignment of Statutory Audit of External Aided Projects in Maharashtra, Teams composition proposed for the assignment etc. Form‐6 : Brief of Relevant Experience:
Experience of the firm in Internal /Statutory Audit of Social Sector/External Aided Projects
(excluding the Audit of Charitable Institutions/NGOs) of State & Central Government Department During the F.Y 2017‐18, 2018‐19 & 2019‐20. if assignment fees exceed Rs.
2,00,000/‐ Per Annum.
S. Name of the Grant‐in‐ Type/Nature Scope & Duration of Proof of the letter
No. Auditee aids of Coverag Completion of Work Organization handled of Assignment e of the of /Completion
the auditee assignm Assignment Certificate or organization ent Assignment
awarded by the Auditee
Organization (Pl attach a copy of
the letter)
Experience of the firm in Statutory Audit of Social Sector/External Aided Projects (excluding the Audit of Charitable Institutions/NGOs) in Government Department of Maharashtra During
the F.Y 2017‐18, 2018‐19 & 2019‐20. If assignment fees exceed Rs. 2,00,000/‐ Per Annum.
S. Name of the Grant‐in‐ Type/Nature Scope & Duration of Proof of the letter
No. Auditee aids of Coverag Completion of Work Organization handled of Assignment e of the of /Completion
the auditee assignm Assignment Certificate or organization ent Assignment
awarded by the Auditee
Organization (Pl attach a copy of
the letter)
Experience of the firm in implementation/Audit under PFMS of Social Sector/External Aided
Projects /working during the F.Y 2017‐18,2018‐19 & 2019‐20 (Based on the no. of experience certificate).
S. Name of the Grant‐in‐ Type/Nature Scope & Duration of Proof of the letter
No. Auditee aids of Coverag Completion of Work Organization handled of Assignment e of the of /Completion
the auditee assignm Assignment Certificate or organization ent Assignment
awarded by the Auditee
Organization (Pl attach a copy of the letter) FORMAT FOR FINANCIAL BID TO BE SUBMITTED IN THE FORM OF BOQ ( Not to be Submitted with Technical Proposal otherwise proposal will be rejected)
Item or Activity Total Amount (in Rupees)
A. AUDIT FEE (All inclusive the cost Both in Numeric and in Words. of TA /DA, Boarding ,loading, &
excluding Good & Service Tax ) Rs.__________________/‐
(Rupees ________________________ ________________________)
Note: Percentage of funds involved shall not be a basis of quoting the Audit Fee.
Date : Signature & Seal Place Section V – Selection Process of the Auditor
General Process:
1. The CA firms securing less than cut off marks 70% in technical evaluation will not be communicated as they have not qualified in the technical bid and their Financial Bid will not be opened.
2. The firms qualifying in technical bid will be notified on mahatender.gov.in that they have been shortlisted in the technical bid and their Financial Bid opening date shall also be communicated to them on www.mahatender.gov.in.
3. The selection process of auditor shall be subject to review by, GOI/ Office of Chief Controller of Accounts, GOI / Audit parties of the AG. A) Bid Opening and Evaluation
A.1) Bid Opening: The bids will be open on prescribed date and time as per NIT as intimated. The bidder/authorized representatives may remain present at the date, time and place stipulated in Detailed Tender Notice. Following procedure will be adopted for opening of bids.
1) First of all information about number of bids received will be announced. 2) The technical bid will be downloaded by the bid opening authority to
check their validity as per requirements. If any particular document of any bid is either missing or does not meet the requirements specified, then a note to that effect will be made by the bid opening authority. The Employer will carry out the process of scrutiny and analysis of various documents/ data received in technical bid. 3) After analysis and scrutiny of the documents with respect to the requirements of the bidding is over, the Employer shall declare the outcome of the scrutiny and will open financial bid of the bidders whose technical bid satisfies the qualification criteria, in their presence, if they choose to remain present.
A.2) Justification of Bid: To assist in examination, evaluation of bid, the Employer may ask bidders individually for clarification of their offer including break up costs, reasons in case of very high / very low offer. But no change in price or substance of the bid shall be sought, offered or permitted. A.3) Bid Liable For Rejection: a) The bid is likely to be rejected if on opening it is found that the bidder has not strictly followed the procedure laid down for submission of bid. The bidder has proposed conditions, which are inconsistent with or contrary to the terms and conditions specified.
b) Additions, deletions, corrections or alterations made by the bidder on any page of the bid document, without affixing signature / initials.
c) Any page or pasted slips are missing. d) The bidder has not signed each page of the bid. e) The bidder has specified any additional condition. f) The bidder has not attached all documents as stated in the tender. g) If not accompanied with EMD.
A.4) Evaluation and Comparison of Bids: A two‐stage Quality & Cost Based Selection (QCBS) procedure will be adopted in evaluating the proposals with the technical evaluation being completed prior to any financial proposals being opened. The Technical Proposals will be evaluated using the following criteria.
Eligibility criterion of the firms shall be based on the various criterions as given in the table below. The technical proposal evaluation shall be based on the following parameters.
Sl. Particulars Minimum Max Evaluation Criterion No. Criteria Marks
For 5 FCA partners = 10 marks, For each additional Number of Fellow Partners associated 1. with the firm for not less than 5 years 5 FCA 15 FCA Partner 1.5 Mark & ACA Partner 1 Mark (As per certificate of ICAI as on 01.01.2021) subject to maximum of 15 Mark.
2 Turnover of the firm Minimum 15 Turnover Rs 100 Lakhs= (Average annual in last three financial Average Nil mark, over and above years i.e. F.Y 2017‐18,2018‐19 & Rs.100 Lakhs 0.5 mark for per 1 lakhs 2019‐20) subject to maximum of 15 Marks. Experience of the firm in implementation/Audit under PFMS of For 3 assignment =Nil 3. Social Sector/External Aided Projects mark over and above 1 /working during the F.Y 2017‐ 3 Assignment 15 mark per assignment subject to maximum 10 18,2018‐19 & 2019‐20 (Based on the Mark.
no. of experience certificate) Experience of the firm in Internal Up to 5 Assignment = Nil /Statutory Audit of Social Mark over and above 1 mark per assignment Sector/External Aided Projects subject to maximum 25 (excluding the Audit of Charitable Mark
4. Institutions/NGOs) of State & Central 5 Assignment 25 Up to 2 Assignment = Nil Government Department During the Mark Over & Above 1 Mark Per Assignment. F.Y 2017‐18, 2018‐19 & 2019‐20. if assignment fees exceed Rs. 2,00,000/‐ As per the evaluation of the Proposal Per Annum.
Experience of the firm in Statutory
Audit of Social Sector/External Aided Projects (excluding the Audit of
Charitable Institutions/NGOs) in 5 Government Department of 2 Assignment 15
Maharashtra During the F.Y 2017‐18, 2018‐19 & 2019‐20. If assignment
fees exceed Rs. 2,00,000/‐ Per Annum.
Adequacy of the proposed Technical Approach, Methodology & work plan 6. as per generally accepted standards 10
also considering the target date of
report submission
7 CA Firm Empanelled with CAG for 5 Major Audit during F.Y. 2020‐21
100
i. Supporting Documents must be submitted by the firm along with the technical proposal.
ii. The firm must achieve at least 70% of the marks to qualify on technical parameters.
iii. The firm having experience of Statutory Audit at State & District Level will be given additional weight age.
iv. In case after the technical evaluation, if no bidding firm gets the minimum 70% marks than top three firms will be taken into consideration for opening for their financial bid. Even if there are only one or two firms then they may also be considered at the discretion of The Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board.
v. The Development Commissioner (Unorganised Labour) reserves the right to change / cancel the evaluation / marking criteria without assigning any reason and to change in evaluation criteria as per requirement and in the interest of organisation.
A.5) Award of Contract:
Quality and competency of C.A.’s services shall be considered, as the paramount requirement. The decision of the award of the contract would be as under.
(a) Technical proposals scoring 70% or more marks will only be considered for financial evaluation. The client shall notify those bidders whose proposal did not meet the minimum qualifying mark or were considered non responsive to the letter of invitation and terms of reference, indicating that their financial proposals will be kept unopened. (b) The employer shall simultaneously notify the bidders that have secured the minimum qualifying mark, indicating the date and time set for opening of financial proposals will be published on https://mahatenders.gov.in. (c) The financial proposal shall be opened online publicly in the presence of the bidders or their authorized representative who choose to attend. The name of bidders, the quality scores, and the proposed cost shall be read and recorded when the financial proposals are opened. The employer shall prepare minutes of the public opening. (d) The formula for final evaluation based on technical marks and financial offer will be as follows; • Maximum weightage for Technical Score (Ts) is 70. • Maximum weightage for Financial offer (Fs) is 30. • The formula for total Sum Score (Ss) is as below;
1) Ss = Ts + Fs 2) Ts = Tc / Th *
70 Where Tc = Technical Score under consideration. Th = Highest Technical Score in that tender.
3) Fs = Fl / Fc * 30 Where Fl = Lowest Financial Score in that tender. Fc = Financial Score under consideration.
The bidder securing highest sum score will be selected and will be
asked to justify the rates quoted. Also he will have to produce the
break‐ up of the rates quoted.
In case the financial bid rate of the two or more consultancy firm is same then the allotment will be made to the consultancy firm scoring highest technical Marks as per the evalution criteria. A.6) Notification of Award (LOA): Prior to the expiration of bid validity period or any such extended period, Employer will notify the successful bidder in writing by a registered letter that his bid has been accepted. This letter (herein after called as letter of acceptance) shall name the sum, which the Employer will pay to contractor as prescribed in contract. The notification of award will constitute formation of contract. Upon furnishing the performance security by the successful bidder & after signing the contract agreement, the work order will be issued by the Development Commissioner (Unorganised Labour), Maharashtra. The firm shall enter in to an agreement on a stamp paper of Rs.500/‐
A.7) Performance Security: 1) Within 15 days from the date of issue of Letter of Acceptance; the successful bidder shall deliver to the Employer a performance Security of 5% of total value of Contract in the form of Bank Guarantee of any Nationalize or Scheduled Commercial Bank.
2) Failure of the successful bidder to comply with the requirements of performance security shall constitute sufficient ground for cancellation of the award and forfeit of Earnest Money deposit.
3) EMD amount will be returned to the successful bidder only after receipt of performance security.
4) Performance security will be returned to bidder within 1 month after expiry of PBG period.
5) For this as given in the tender document Security Deposit will stand forfeited, in case of any breach of term and/or conditions of the tender and/or contract. A.8) Corrupt or Fraudulent Practices: Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board requires that the bidders shall observe the highest standards of ethics in execution of the contract. In pursuant to this policy.
1) Defines, for the purpose of this provision, term set forth as below i) “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of the public official in the procurement process or contract execution; and ii) “Fraudulent Practice” means a misrepresentation of facts in order to influence a procurement process or execution of the contract to the detriment of the Employer.
2) Will reject a proposal for award, if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question. 3) Will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded any Development Commissioner (Unorganised Labour), contract, if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing Development Commissioner (Unorganised Labour) contracts.
A.9) Payment Terms: Lump sum payments will be made Development Commissioner (Unorganised Labour) will pay audit fees in following percentage of the agreed amount, within 30 days of receipt of pre receipted bills duly verified by the designated officer of Development Commissioner (Unorganised Labour) in duplicate for respective stages as follows
Rate percentage of agreed Event contract amount Submission of Consolidated Final Audit Report 90% After checking and scrutiny of Audit Compilation 10%
B) General Conditions of Contract
B.1) Definitions and abbreviations:‐ Unless excluded by or repugnant to the context. 1) The expression Development Commissioner (Unorganised Labour) as used in the tender papers shall mean the Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board. 2) The expression Employer / Owner / Buyer / Purchaser as used in the tender papers shall mean the Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board. 3) The expression “Bidder” or “Tenderer” as used in the tender papers shall mean the company/agency/firm/organization who is interested to purchase the tender document and then would like to submit the offers as prospective bidder. 4) The “Contract” shall mean The agreement entered into between the owner and the contractor as recorded in the contract form signed by the parties include all attachment the notice of tender, the sealed quotation and the tender documents including the tender and acceptance thereof together with the documents referred to therein, & the accepted conditions with annexure mentioned therein. All these documents taken together shall be deemed to form one contract and shall be complementary to one another. Contract is deed of contract together with its entire accompaniment and those later incorporated in it by internal consent. 5) The “Contractor” shall mean the individual or firm, undertaking the work & shall include legal representative of such an individual or persons comprising such firms and permitted, assigns of such individual or firm or company. 6) “Employer’s/Owners Representative” shall mean as Government Servants/ Officers working under the Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board. 7) The “Contract Sum”/”Contract Price” shall mean the sum/price/rate for which the tender is accepted. 8) The “Day” shall mean a day of 24 hours from midnight to midnight irrespective of the number of hours worked in any day in that week 9) The “Contract Period” means period specified in the tender document for entire execution of contracted works from the date of notification of award. 10) The “Accepting Authority” shall mean the Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board.
B.2) Communication:‐ Written notice shall be deemed to have been duly served or delivered in person to the individual or member of the firm or to an officer of the Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board for whom it was intended, if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. The notice on the E‐Mail shall be deemed to have been duly served. The address given in the bidders tender on which all notices, letters & other communications to the contractor shall be mailed or delivered, except that said address may be changed by the Contractor by notifying the owner in writing. This shall not preclude the service of any notice, letter or other communication upon the Contractor personally.
B.3) Laws and Regulations: 1) Governing Law: The contract shall be governed by and construed in accordance with the laws and by‐laws of India, the State of Maharashtra and the local bodies in this region. All disputes arising under or in relation to this Agreement shall be subject to jurisdiction of the Courts in Mumbai only to the exclusion of other courts.
2) DISPUTES:
a) If a dispute of any kind whatsoever arises between the bidder and development commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board, the matter shall be refered in writing to the principal secretory (labour) within 14 days from the date of dispute
b) The Principal secretory (labour) Maharashtra State, Mantralaya mumbai shall give his decision in writing within 28 days of receipt of search representation. The decision of the The Principal secretory (labour) Maharashtra State, Mantralaya mumbai shall be final and binding of both parties
B.4) Force Majeure clause; “If, at any time, during the continuance of this contract the performance in whole or in part by either party of any obligation under this contract shall be prevented of delayed by reason of any war, hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restriction, strikes, lock‐outs or acts of God (hereinafter referred to as “events”), provided notice of happening 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 the other in respect of such non‐performance or delay in performance; and services under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the purchasing officer as to whether the services have been so resumed or not, shall be final and conclusive, provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days, either party may at its option terminate the contract provided also that if the contract is terminated under this clause, the purchaser shall be at liberty takeover from the contract at a price to be fixed by the purchasing Officer which shall be final.
B.5) Permits, Fees, Taxes: Unless otherwise provided in the contract documents, the contractor shall secure and pay for all permits, Government fees and licenses necessary for the execution and completion of the work. Any violation, in the legal provisions of taxes, duties, permits and fees, carried out by the Contractor and detected subsequently shall be the sole responsibility of the Contractor and his legal heirs.
B.6) Income Tax and Other Taxes: Income Tax (TDS) and any other taxes as applicable from time to time, shall be deducted from bills of the Contractor and a certificate to that extent shall be issued by Development Commissioner (Unorganised Labour).
B.7) Statutory Increases in Duties, Taxes Etc.: All the taxes and duties levied by the State and Central Govt. and by Local Statutory Bodies at the prevailing rates applicable on the date of receipt of tender shall be fully borne by the Contractor and will not be reimbursed to him on any account, except GST. GST will be paid as applicable.
Further Development Commissioner (Unorganised Labour), Maharashtra Domestic Workers Welfare Board shall not honour any claim arising out of any increase in any of the prevailing statutory duties, taxes, levies etc. at the time of quoting / bidding contractor should bear the above fact in mind.
B.8) Price Variation: No Price Variation will be payable to the Contractor during the Contract period & extended period if any.
B.9) Labor laws and other applicable laws:
Agency will be solely responsible for all type of liabilities that may arise under any act related to workmen Compensation, Minimum wages, EPF, ESIC, Bonus, etc. Injury to Staff or damage to any property, insurance of employees who are employed by the agency under this contract and no additional amount will be paid to the agency under this contract.
Signature Not Verified
Digitally signed by SUNITA VISHAL MHAISKAR Date: 2021.11.22 10:22:45 IST Location: Maharashtra-MH
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