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Tea Board, Kolkata, West Bengal
December, 02nd 2019
                                 TEA BOARD
                               14 B.T.M. Sarani
                               Kolkata-700001


                           REQUEST FOR PROPOSAL



                                      For

Selection and appointment of Chartered Accountant (CA) firms for work relating
      to e-filing of GST returns, TDS, TCS returns and other related work




                    {Ref No: 12(48)/LC/GST/2016/Part-I/

                         TO BE SUBMITTED BEFORE

                      3.00 P.M on 18th December 2019



                               ADDRESSED TO

                            Secretary, Tea Board
                         2nd Floor, 14, B.T.M. Sarani,
                               Kolkata-700001




                                  1
                    Table of contents

                     Notice Inviting RFP
Sl. No.                      Contents            Page No.
Sec-1     Bid Scheduled and address                  4-5
Sec-2     About Tea Board                             6
    1     Major Activities of the Board               6
    2     Objective of RFP                           6-7
    3     Extent of Proposal                          7
    4     Due diligence                               7
    5     Ownership of RFP                            7
    6     Brief Scope of Work                        8-9
    7     Minimum Eligibility Criteria               10
    8     Submission of Bid                          11
    9     Bid Evaluation Process                    11-14
   10     Signing of the Agreement                   14
   11     Payment Terms                              15
   12     Deposit of EMD                             15
   13     Deposit of Bank Guarantee                  15
   14     Liquidated Damage                          16
   15     Other Terms and Conditions                 16
   16     Force Majeure                             16-17
   17     Arbitration                                17
   18     Rejection/Termination of Agreement         18

  19      Pre-Bid Meeting                            18
  20      Waiver of Minor Irregularities             19
  21      Modification/Withdrawal of Proposals       19
  22      Non-Disclosure                             19
  23      Clarification                              19
  24      Non-Disclosure Agreement (NDA) for         20
          Information and Data security




                        2
Annexure
 1 ( Proposal Covering Letter )                 21
 2 (Application Format)                         22
 3 (Declaration regarding Acceptance of Terms   23
 and Conditions of Contract & clean track
 record)
 4 (Experience Format)                          24
 5(Declaration for Deviation)                   25
 6 (Commercial Template)                        26
 7 (Bank Guarantee Template)                    27-29
 8 (Non Disclosure Agreement)                   30-35




                      3
                      Section-1- Bid Schedule and Address

Sl. No.           Description                          Detailed Information
  1       Name of the Project            Selection and appointment of CA firms for work
                                         relating to e-filing of GST returns, TDS, TCS
                                         returns and other related work

  2       RFP Reference Number           Ref No: 12(48)/LC/GST/2016/Part-I
  3       Date of publishing in the 27th November, 2019
          Board's website
  4       Pre-Bid meeting              6th December, 2019 at 11 A.M.
                                       Venue: Tea Board,14, B.T.M. Sarani, 8 th Floor,
                                       Kolkata-700001
  5       Last date and time for Bid 18th December, 2019 at 3.00 PM
          Submission
  6       Address of Bid Submission    Secretary, Tea Board,14, B.T.M. Sarani, 2 nd Floor,
                                       Kolkata-700001
  7       Date and Time of Opening of 19th December, 2019 at 4.00 PM
          Bid
  8       Date and Time of the Date & time will be communicated to the
          Presentation                 bidders
  9       Date and time of Commercial Date & time will be communicated to the
          Bid Opening                  eligible bidders
  10      Bid Related Queries          Controller of Licensing, Tea Board, Kolkata.
                                       Contact no.-033-2235-1331 Ext. No.- 224,
                                       e-Mail- clrfpqueries@gmail.com
                                       All e-mail communications should mention the
                                       subject as "Selection and appointment of CA firms
                                       for work relating to e-filing of GST returns, TDS,
                                       TCS returns and other related work"
  11      Application fee              Rs. 1000/-(Rupees One Thousand Only)
  12      Earnest    Money     Deposit Rs. 30,000/- (Rupees Thirty Thousand only)
          (EMD/Bid Security




                                  4
2. Submission of Tender Fees and EMD.

i) TENDER FEES:

Cost of the Bid Document is 1,000/- (One Thousand) only. This amount shall be deposited through
e- procurement portal to:

Bank Name: State Bank of India
Account No: 11107799307
Account Name: "Tea Board Tea Fund Collection"
IFSC: SBIN0000144,
Branch Code: 0144.
Branch: N.S. ROAD, Kolkata.


The UTR No. and details of transaction are to be intimated to Tea Board at the e-mail IDs:
clrfpqueries@gmail.com and teaboardfin@gmail.com before submission of TENDER to Tea Board. A
copy of the e-mail shall be submitted along with the TENDER.


(ii) EARNEST MONEY DEPOSIT (EMD)

An EMD amount of Rs. 30,000/- (Rupees Thirty Thousand only) shall be deposited to the same
account number as mentioned above.

The UTR No. and details of transaction are to be intimated to Tea Board at the e-mail IDs:
clrfpqueries@gmail.com and teaboardfin@gmail.com before submission of TENDER to Tea Board. A
copy of the e-mail shall be submitted along with the TENDER.




                                          5
                                              Section-2
About Tea Board:

Tea is one of the industries, which by an Act of Parliament comes under the control of the
Union Govt. The genesis of the Tea Board India dates back to 1903 when the Indian Tea Cess Bill
was passed. The Bill provided for levying a cess on tea exports - the proceeds of which were to
be used for the promotion of Indian tea both within and outside India. The present Tea Board
set up under section 4 of the Tea Act 1953 was constituted on 1st April 1954. It has succeeded
the Central Tea Board and the Indian Tea Licensing Committee which functioned respectively
under the Central Tea Board Act, 1949 and the Indian Tea Control Act, 1938 which were
repealed. The activities of the two previous bodies had been confined largely to regulation of
tea cultivation and export of tea as required by the International Tea Agreement then in force,
and promotion of tea Consumption.


1. Major Activities of Tea Board:
The Board consists of a Chairman and 30 members appointed by Government of India
representing different sections of the Tea industry.

Administrative Set-up:
The Head Office of the Board is located in Kolkata. The Deputy Chairman is the Chief Executive
Officer of the Board.

2. Objective of RFP:

The scope of the RFP is to invite electronic bids for selection and appointment of CA/CMA/CA
firm/CMA firm/Private Limited Company/Corporate body/e-governance firm having consortium
with Chartered Accountant (CA) firms for work relating to e-filing of GST returns, TDS, TCS
returns and other related statutory work of Tea Board.

In this connection, Board would like to invite proposal from practicing firms/companies for
consultancy in regard to all GST related matters, TDS, TCS, etc.. The CA/ CA firms shall provide
advisory to the Board to ensure GST compliances, and shall be responsible for filling of all related




                                                6
monthly, as well as annual returns of GST within the stipulated timeline after availing of due Input
Tax Credit (ITC) as per extant of GST Acts and rules made there under and subsequent
amendments and carry out audit as mandated under GST Acts and rules thereto. The
engagement of the firm shall be for a period of one (1) year extendable for a further period of
one (1) year subject to satisfactory performance of the vendor.

3. Extent of Proposal:

Prospective applicant should note that any proposal submitted in response to this RFP and all
associated amendments or clarifications submitted during evaluation electronically, would form
part of any subsequent agreement to be signed for the services relating to the project.

4. Due Diligence
The Bidders are expected to examine all instructions, terms and specifications stated in this
RFP. The bid shall be deemed to have been submitted after careful study and examination of
this RFP document. The bid should be precise, complete and in the prescribed format as per
there requirement of this RFP document. Failure to furnish all information or submission of a
bid not responsive to this RFP will be at the bidders risk and may result in rejection of the bid.
Also the grounds for rejection of bid should not be questioned after the final declaration of the
successful Bidder. The bidder is requested to carefully examine the RFP documents and the terms
and   conditions    specified   therein,   and    if there appears to       be    any     ambiguity,
contradictions, inconsistency, gap and/or discrepancy in the RFP document, bidder should seek
necessary clarifications by e-mail as mentioned in Section-1 of this document.

5. Ownership of this RFP

The content of this RFP is a copy right material of Tea Board. No part or material of this RFP
document should be published in paper or electronic media without prior written permission
from Tea Board.




                                           7
6. Brief Scope of Work

Tea Board intends to obtain services from practicing CA/CMA/CA firm/CMA firm/Private Limited
Company/Corporate body/e-governance firm having consortium with Chartered Accountant (CA)
firms in regard to all GST related matters, TDS, TCS, etc. The Entity/Firm shall provide advisory to
the Board to ensure GST compliances, and shall be responsible for filling of all related monthly, as
well as annual returns of GST within the stipulated timeline after availing of due Input Tax Credit
(ITC) as per extant of GST Acts and rules made there under and subsequent amendments and
carry out audit as mandated under GST Acts and rules thereto.







The service provider shall be responsible for the job pertaining to the states of West Bengal,
Assam, Maharashtra, New Delhi, Tamil Nadu and Kerala for a period of 12 months initially
extendable by a further period of 12 months subject to satisfactory performance of the vendor and
without any change in the conditions of original contract with mutual agreement.
The consultancy services shall include but shall not be limited to:-

A. Filling of GST Returns, Returns for TDS & TCS under GST regime implemented as per GST
   regulation for the states of West Bengal, Assam, Maharashtra, New Delhi, Tamil Nadu, Kerala.
B. The agency has to visit Tea Board Zonal and Regional Offices (list of offices enclosed) at least
   once in a month initially for 2 months to know various systems from where the required data
   for filling of GST returns are being extracted. Later on, the visit shall be made as per
   requirement after intimating Tea Board. The out of pocket expenses for making such visits like
   to & fro Air/ Train fare and lodging charges shall be borne by the Board.
C. Data for filing of return shall be collected from Tea Board by the agency as per reporting
   format. Agency shall be actively involved in arranging the data from the Board as per GST
   return format within the timeline. However, before uploading the data the same shall be
   required to be reviewed for correctness/mismatch of data if any, and contact Tea Board
   immediately.
D. Conducting detailed trial balance / ledger review on monthly basis to ensure that GST is being
   paid on all taxable supplies under forward charge as well as reverse charge mechanism;
E. Verifying the issuance of invoices, debit, credit notes, bill of supply and other documents and
   records maintained to check compliance with GST laws.
F. To compute and validate the monthly output liability of GST and claim of input tax credit
   including matching of input tax credit as per FORM GST 2A with the accounts. There will be a




                                        8
     Single Point of Contact (SPOC) for the purpose of sending data from Tea Board to the selected
     vendor within given timeframe as per GST norms. However, before finalizing the SPOC, the
     selected vendor has to ensure the format, process & different services of supply of input &
     output by verifying Zonal/Regional offices accounts after visiting Zonal/Regional offices at
     least once in a month initially for 2 months.
G.   Keeping Tea Board informed about any changes in GST laws from time to time and its impact
     on the Board.
H.   After filing of return, if any default notice is received from GST Authority, the responsibility for
     resolving the issue shall rest with the agency within the time specified by the concerned
     authorities and without any extra charges.
I.   The agency shall be responsible for guiding or providing at the time of preparation of
     data/details for Tax Audit purpose, whatsoever required. In case of any default on the part of
     agency leading to payment of penalty by the Board, the same shall be borne by the agency.
J.   The agency shall also be responsible for assisting in GST audit, if any by the authority,
     conducted during contract period or at a later stage for the period of contract.
K.   Providing advice/ guidelines for queries/ clarification and any other issues relating to GST
     matter sought from time to time.
L.   To provide training material/manual/presentation for the use of Tea Board's staff.
M.   Providing advice for developing necessary tools for review, monitoring, reporting and
     compliance with GST laws and preservation of related records in digital form.
N.   Assist Tea Board India and suggest suitable changes required under GST regime for minimizing
     the tax burden, effective utilization of available Input tax credits (ITC) and suggestion for
     review mechanism for availing all eligible input tax credits and utilization of the same under
     GST, etc.
O.   Providing guidance regarding valuation, classification and tax rate of transfer / permanent
     disposal of assets, job works, goods used both for exempt and taxable services, etc. to ensure
     availing of maximum eligible tax benefits under the GST regime.
P. Highlighting areas of potential non-compliance for immediate regulation.




                                          9
7. Minimum Eligibility Criteria of Service Provider:

   Sl. No.       Minimum Eligibility Criteria                     Supporting Document
       1     The Entity should be a registered         1.Certificate issued by the concerned
             CA/CMA/CA firm/CMA firm/Private           Institute.
             Limited Company/Corporate body/e-         2.Should have undergone certificate course
             governance firm having consortium         in GST (In case of firm at least one Partner)
             with Chartered Accountant (CA)            3.The Entity/Firm should have GST No.
             firms. The Entity should have valid       4.Name(s) and other details of the
             PAN issued by Income tax                  authorized      signatory(ies)     that    are
             Department. In case of Private            authorized to execute the contract & other
             Limited company or Corporate body,        documents.
             the bidder should have at least           5. Copy of valid PAN issued by Income- Tax
             Main/Branch office in Kolkata.            Department

     2       The Entity/Firm should have Supporting documents to be attached.
             continuous operations of minimum 3
             years with annual turnover of Rs
             20.00 lacs on average during last
             three financial years i.e. 2016-17,
             2017-18 and 2018-19, provided that
             none of the financial year should be
             below 15 lacs. The operations should
             be in the field of Indirect Tax (Excise/
             Service Tax/ VAT/ CST) assignments,
             including consultancy of Indirect
             taxation in India.
     3        The applicant must be a profitable Copy of audited statement of the company
              CA/CMA/CA firm/CMA firm/Private for last three years.
              Limited Company/Corporate body/e-
              governance firm having consortium
              with Chartered Accountant (CA) firms
              in last 3 financial years with
              minimum annual turnover of
              20.00 lacs on average in last 3
              financial years provided that none of
              the financial year should be below 15
              lacs.
     5       The company has never been Self-Certification/declaration.
             blacklisted/                 barred/
             disqualified/suspended    by     any
             state/central     govt.    /      UT
             Administration/Semi     Government
             Organization/PSU or any Company.




                                          10
Note:
         Supporting documents requested should be arranged / numbered in the same order as
         mentioned above.
         Failure to meet any of these criteria will disqualify the applicant and it will be
         eliminated from further process.

  8. Submission of Bid

  The Bidder shall bear all costs associated with the preparation and submission of its bid and
  Board will, in no case, be held responsible or liable for these costs, regardless of the conduct or
  outcome of the bidding process.

  The RFP document can be downloaded from website https://eprocure.gov.in. The bidders shall
  have to submit the bid response electronically in e-tender portal https://eprocure.gov.in along
  with an application fee (non-refundable) of Rs. 1,000/- (Rs One thousand only) through e-
  procurement portal. A hard copy of the application (except the commercial proposal) should
  also be submitted by the bidder to Secretary, Tea Board, 14, BTM Sarani, 2 n d Floor, Kolkata-700
  001 duly sealed, stamped and signed.

  All the documents to be submitted/uploaded electronically shall be signed as per the
  norms/process of e-procurement portal. All the pages of Bid document shall have to be signed
  and uploaded in the portal.

  Any bid received by the Board after the deadline for submission of bids prescribed by the Board
  shall be rejected and returned unopened to the bidder.


  9. Bid Evaluation Process:


  1. Bids/Proposals shall be reviewed by a Committee constituted by Tea Board (Evaluation
        Committee) with Board's officials and experts from relevant fields, if necessary.
  2. The Proposed Evaluation Committee shall evaluate the responses to the TENDER and all
        supporting documents / documentary evidence. Inability to submit requisite supporting
        documents / documentary evidence, may lead to rejection.




                                          11
   3. The decision of the Tender Evaluation Committee / Technical Committee in the evaluation
       of responses to the TENDER shall be final. No correspondence s h a l l be entertained
       outside the process of evaluation with the Committee.
   4. The Tender Evaluation Committee / Technical Committee may ask for meetings with the
       Bidders to seek clarifications on their proposals.
   5. The Tender Evaluation Committee / Technical Committee reserve the right to reject any or
       all proposals on the basis of any deviations.
   6. Each of the responses shall be evaluated as per the criterions and requirements specified in
       this TENDER.

 9.1 Technical Evaluation:

1. The technical proposal shall be evaluated only for those bidders who fulfill the minimum
   eligibility criteria as given under Sl. No. 7 of Section 2 (Minimum Eligibility Criteria) in this
   document. Failure to meet any of these criteria specified will disqualify the bidder and will be
   eliminated from further process.
2. The technical bid of the short listed bidders as stated in Sl. No. 1 above shall contain all details as
   asked in the published tender including details of deviations, if any from the specifications
   mentioned in the scope of work.
3. The technical proposal shall consists of 100 marks and shall be evaluated on the following
   parameters:
    Sl. No            Evaluation parameter        Maximum                Supporting documents
                                                  score
        1      The bidder shall be in existence        15         Certificate    issued    by      the
               for the past three years :                         concerned authority
               3 years : 10 marks
               more than 3 years : 15 marks

       2      Shall have at least a minimum             15        Certificate from statutory auditor /
              business turnover of 20 lakhs on                    audited financial statements.
              average in the last three financial
              years, provided that none of the
              financial year should be below 15
              lacs:

              Minimum         turnover          of
              20 lakhs:10 marks
              More than 20 lakhs :15 marks




                                             12
    3   The bidder shall have proven           15   Proof of work done from engaging
        track record in the relevant field          authority / body/ agency/
        as stated in minimum eligibility            organization as per Annexure -4
        criteria (tax consultant and filling
        returns) at least for the last 3
        years.

        Track record for last 3 years : 10
        marks

        Track record for more than 3
        years: 15 marks
4       The bidder shall submit at least 2     15   Proof of work done from engaging
        references        for       having          government authority as per
        worked/working in the relevant              Annexure -4
        field for Government
        Customers/PSUs/PSBs/any other
        Government organisations:
        At least 2 references : 10 marks,
        more than 2 references : 15
        marks
5       The bidding company should             10   Employee list along with their
        have employee strength of at                experience and duly certified by
        least 10 working in the relevant            the authorised signatory.
        field :
        At least 10 employees working in
        the relevant field : 5 marks.
        More than 10 employees : 10
        marks
6       The bidder should have                 10   Proof of doing work from engaging
        experience of executing at least            authority/body/agency/organizati
        2 projects worth more than Rs.              on
        04 Lakhs (Rs.02 lakhs for each              along with work order
        project) However, GST/Service
        Tax related turnover should be
        Rs.20 lakhs a year on average for
        the last three financial years:
        At least 2 projects for Rs. 04
        lakhs : 5 marks
        More than 2 projects for Rs. 04
        lakhs : 10 marks




                                         13
   7           The bidder shall submit a small      20        Write up to be brief
               write     up     regarding    the
               understanding of the project and
               plan of action and execution.
               Marks shall be awarded by
               Technical committee depending
               on the write up and presentation
               by the bidder, if require to be
               given by the applicant as per the
               committee.
4. The minimum qualifying score for qualifying in technical evaluation shall be 70 marks.
5. No further discussion/interaction shall be granted to the bidders who have been technically
    disqualified.

9.2 Commercial Bid Opening/Evaluation:

  The commercial proposal of technically qualified firms shall be opened. The firm offering
  lowest commercial bid (L1 shall be selected for placement of work order.

10. Signing of the Agreement:

1. The proposal is liable to be rejected if complete information is not given therein. Please note
  that conditions given in the proposal documents shall govern the Agreement. It may be noted
  carefully that till such time the Agreement is executed embodying the agreed conditions, the
  conditions given in the proposal document shall govern the bidder.

2. The terms and conditions of the Agreement to be issued to the selected applicant should be
  accepted and return back to the Board in affirmative under the signature of the Head of the
  organisation.

3. The individual signing the Agreement must write his name in BLOCK LETTERS under his
  signature.
4. A Person signing the tender form or any documents forming part of the Agreement on behalf of
  another shall be deemed to warranty that he has authority to bind each other and if on inquiry
  it appears that the person so signing has no authority to do so, the Board may, without
  prejudice to other civil and criminal remedies, cancel the agreement and hold the signatory




                                             14
  liable for all costs and damages.


11. Payment terms:

  1. The selected bidder shall clearly quote the commercials in INR in the corresponding
     annexure (Annexure -6).
  2. The payment shall be made quarterly by Tea Board after receipt of proper invoice from the
     firm and after satisfactory and timely performance of the tasks mentioned in the RFP.


  12. Deposit of EMD:

  The bidder shall deposit an Earnest Money Deposit (EMD) of Rs. 30,000/- (Rupees Thirty
  Thousand only) refundable and shall furnish the details as stated in section 1 of this document.

  The EMD amount of unsuccessful bidders shall be returned on completion as soon as they are
  eliminated from the RFP process. For successful applicants, the EMD shall be returned after
  receipt of performance security & issuance of work order.

  The EMD amount may be forfeited:- If an applicant withdraws its proposal during the period of
  validity, If any of the applicant's statement turns out to be false/incorrect during evaluation or
  bidder fails to accept the terms and conditions of the Agreement post selection.


  13 Deposit of Bank Guarantee (BG):

  The successful bidder shall furnish the performance security (BG) equivalent to 10% of t he
  cont ra ct v al ue in the form of Performance Bank Guarantee issued by a public sector bank in
  India for the period of agreement plus (3) three months in prescribed proforma (Annexure-7). If
  the Agreement is renewed, the bidder shall have the bank guarantee extended accordingly i.e.
  extended period plus (3) three months. The bank guarantee shall be released after 3 months
  of satisfactory completion of all the works against the agreement and after deductions of any
  liability against the Agreement.




                                       15
     14. Liquidated Damage

     In case of any delay in rendering the service as mentioned in the scope of work, 0.5% per week
     (or part thereof) of the prices of any service which the contractor has failed to deliver within the
     delivery period specified in the contract subject to a maximum of 10% of the value of the
     service delayed, excluding taxes and duties.
     15. Other Terms and Conditions:


1. The Agreement shall remain in force from the date of entering into the Agreement but can be
      suspended/cancelled at any time and at any stage by Tea Board during the validity of the
      Agreement without assigning any reason. No claim or damage on account of such
      cancellation/suspension of the Agreement shall be entertained.

2. The company shall depute a senior CA of the firm as a Nodal Officer who shall act as a single
      point of contact for all activities regarding this project.

3. Bidder should specify only a single solution which is cost-effective and meets Board's
      requirement and should not include any alternatives.

4. The Bidder shall bear all costs associated with the preparation and submission of its proposal,
      attending Pre-Bid meeting, etc. Tea Board shall provide no reimbursement for such costs.
5.    Any effort by the applicant to influence the Board on any matter relating to the proposal, its
     evaluation, comparison, selection may result in the rejection of their proposal.
     16. Force Majeure

     If any time, during the continuance of this Agreement, the performance in whole or in part by
     either party or any obligation under Agreement shall be prevented or delayed by reason of any
     war, or hostility, fires, floods, explosions, epidemics, quarantine restrictions, or act of God
     (herein after 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 any reason of such event be entitled to terminate this Agreement nor shall either




                                            16
party have any such claim for damages against the other in respect of such non-performance or
delay in performance, and deliveries under the Agreement shall be resumed as soon after such
event may come to an end or cease to exist, and the decision of the Board as to whether the
delivery 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 Agreement/ is prevented or delayed
by reason of any such event for a period exceeding 60 days the Board may, at its option
terminate the Agreement.

17. Arbitration

In the event of any question, dispute or difference arising under this Agreement or in
connection there-with except as to matter the decision of which is specifically provided under
this Agreement, the same shall be referred to Deputy Chairman, Tea Board, Kolkata for
appointment of Arbitrator. The appointment of an arbitrator will be in accordance with the
Arbitration and Conciliation Act, 1996. There will be no objection to any such appointment that
the arbitrator is a TEA BOARD Servant or that he was to deal with the matter to which the
Agreement relates or that in the course of his duties as a TEA BOARD servant he has expressed
views on all or any of the matter under dispute. The award of the arbitrator shall be final and
binding on the parties. In the event of such arbitrator to whom the matter is originally referred,
being transferred or vacating his office or being unable to act for any reasons whatsoever such
Deputy Chairman, Tea Board or the said officer shall appoint another person to act as arbitrator
in accordance with terms of the Agreement and the person so appointed shall be entitled to
proceed from the stage at which it was left out by his predecessors.

The arbitrator may from time to time with the consent of parties enlarge the time for making
and publishing the award. Subject to aforesaid Indian Arbitration and Conciliation Act 1996 and
the Rules made there-under, any modification thereof for the time being in force shall be
deemed to apply to the arbitration proceeding under this clause.

The venue of the arbitration proceeding shall be in Kolkata and the language shall be English.

                                     17
18. Rejection/Termination of Agreement

The Board has right to reject/cancel the Agreement if the services are not found to meet the
specifications laid out or are not as per the terms of the tender /work order. No charges will be
paid for the defective work. This can be done at any stage of the work.

In case it is found that the service is not as per requirement/standards, time lines, or the
frequency of corrective measures required is high, then Board retains the right to terminate the
Agreement with the selected company and in such case, the applicant will not be entitled to
claim any damages from Tea Board or make any claim for fees in respect of such unsatisfactory/
substandard services.

As also Board reserves the right to terminate the contract if it is established on the basis of
price discovery that it would be beneficial for the Board to go in for a fresh RFP.


19. Pre-Bid Meeting:

1. Tea Board shall organize a pre-bid meeting as per the schedule at its Head Office, Kolkata.
The purpose of this meeting is to clarify doubts, issues and respond to questions on any matter
that may be raised at that stage. The responses shall be confined to issues related to technical
requirements only. Responses to all the clarifications, doubts, queries received by e-mails and
response to queries raised during the pre-bid meeting shall be posted on Board's website. Any
modification to the RFP document that may become necessary after the pre-bid meeting shall
be prepared by Board as an addendum. The addendum shall be posted on Board's website.

2. Prospective applicant may attend the pre-bid meeting with not more than two (2)
representatives.

3. Those representatives of prospective companies who choose to attend the pre-bid meeting
are requested to carry with them either an authority letter from their company on their letter
head or produce any other identification as proof like visiting cards of the representing




                                    18
 company who has procured the RFP.


 20. Waiver of Minor Irregularities:

 Board reserves the right to waive minor irregularities in proposals provided such action is in the
 best interest of Board.
 Where Board may waive minor irregularities, such waiver shall in no way modify the RFP
 requirements or excuse the applicant from full compliance with the RFP specifications and
 other contract/license requirements if the applicant is selected.

 21. Modification/Withdrawal of Proposals:

 A submitted proposal shall not be allowed to be modified at any cost after closer of the
 submission date. However, a submitted proposal may be withdrawn by the applicant by
 submitting a signed written request for its withdrawal to Board but in such a case the earnest
 money shall be forfeited.

 22. Non-Disclosure:

 The contents of the proposal and all the project outputs should not be disclosed to any party
 unless applicant and Tea Board mutually agree in writing to the same. Applicant will not use the
 contents of this proposal to bid for any other contract.
 23. Clarification:

 Request for clarification should be mailed by an official authorized by the applicant
 to clrfpqueries@gmail.com only in the format given below:

 Sl.          Section        Page No        Clause No   Description   Clarification   Additional
 No.                                                    in RFP        sought          Remark (if
                                                                                      any)




All e-mail communications should mention the subject as "Selection and appointment of CA
firms for work relating to e-filing of GST returns, TDS, TCS returns and other related work"




                                       19
24. Non-Disclosure Agreement (NDA) for Information and Data security:

Along with the performance guarantee, the selected applicant will have to sign the Non-
Disclosure agreement on a stamp paper as per the format given in Annexure-8 and should be
duly notarised. The empanelment will be legalised only on the Agreement being awarded by Tea
Board to the applicant along with the submission of Bank Guarantee and the NDA submitted
by the successful bidder/applicant.




                                 20
                                                                               Annexure-1
                           PROPOSAL COVERING LETTER
                      (A copy to be enclosed with the proposal)

                                                                    Date:.......................
To,
Secretary
Tea Board
Kolkata

Dear Sir,
We................................ (Name of the bidder) hereby submits our proposal in
response to notice inviting tender date................. and tender document no. .........
................. and confirm that:
1. All information provided in this proposal and in the attachments is true and correct to
         the best of our knowledge and belief.
2. We shall make available any additional information if required to verify the correctness
         of the above statement.
3. Certified that the period of validity of bids is 180 days from the last date of submission
         of the proposal, and
4. We are quoting for all the services mentioned in the tender.
5. We the Bidders are not under a Declaration of Ineligibility for corrupt or fraudulent
         practices or blacklisted by any of the Government agencies.
6.    We are submitting our proposal duly completed in all respect
     a. Application in electronic form with all required annexure/documents
     b. Hard Copy (1 copy) (except the commercial proposal)



                                                                                   Yours sincerely,



                                                            Full name of signatory with stamp
                                                                                  Designation
                                                                Name of the bidder (firm, etc.)
                                                                      with seal and signature




                                         21
                                                              Annexure-2

                              Application Format
                     (To be submitted in firm's letter head)

 Sl. No.                     Particulars                    Information to be filled by
                                                            the applicant firm
    1      Name of the Bidder/applicant firm
           Status of firm
           Registered address of the firm
           Year of establishment
           Head of the firm along with his designation,
           address, contact details and e-mail ID.

           Name, address, phone no. and e-mail of contact
           person handling this proposal
           Website of the firm
           Name and address of the Authorized Signatory
           along with his designation
           Email & contact no. of Authorized Signatory
   2       Application fee of Rs. 1000/-                    Submitted/Not submitted
   3.      Earnest Money of Rs. 30,000/-                    Submitted/Not submitted
   4.      Detailed proposal of the company                 Submitted/Not submitted


                                                             Seal & Signature
Place:
Date:
                                                             NAME
                                                             DESIGNATION
                                                             ON BEHALF OF




                                      22
                                                                                      Annexure-3


          Declaration regarding Acceptance of Terms and Conditions of Contract &
                                    clean track record.

                                  [On the Letterhead of the firm)
Ref No.                                                                              Date:

To
The Secretary,
Tea Board India,
14, B.T.M. Sarani,
Kolkata-700001.

Sir,

We have carefully gone through the Terms & Conditions contained in the bid Document regarding
providing consultancy and advisory to ensure GST compliances, TDS and TCS compliances, filing of all
related monthly as well as annual returns of GST, etc. within the stipulated timeline after availing due
Input Tax Credit (ITC) as per GST Act and rules made there under and carry out audit as mandated under
GST Act and rules thereto. We do hereby accept the terms and conditions of the contract as listed in the
bid document. Further we do declare that we have not been blacklisted for supply of any items or
services by Tea Board India or by any other Department of Government of India.


It is further certified that the signatory to this document is the authorized signatory and, therefore,
competent to make this declaration.


                                                                    Yours Truly,



                                                           Signature of the Authorized Signatory
                                                           Seal of the Entity




                                        23
                                                                            Annexure-4

                                      Experience Format
                         (To be submitted in the letter head of the applicant)

I/We have successfully completed three (03) years in the field of Indirect Tax (Excise/ Service
Tax/ VAT/ CST) assignments, including consultancy of indirect taxation in India for various
organizations given below to their satisfaction.

I/we also enclose photo copies of certificates of our experience viz. performance certificate of
the concerned organizations, duly self-certified along with the name, designation, e-mail ID &
contact details of the nodal person in the concerned organisation.


  S.No. Name        Nodal          Nature of           Work      Work            Date of Completion
        and         person's      Assignment           Order     Order            of Assignment, if
        address     name,                             No. and    Value               applicable
        of the      designation,                      Date, if   (Rs.),
        Organizatio e                                   any      If
        n for       -mail ID and                                 separately
        which         contact                                    indicated
        the          no. of
        work has the
        been/is      concerned
        being        organisation
        done




                                                                     Seal & Signature

Place:

Date:
                                                                     NAME

                                                                     DESIGNATION

                                                                     ON BEHALF OF
                                          24
                                                                         ANNEXURE - 5



                            Declaration for Deviation

                     (To be submitted in company's letter head)


It is hereby declared that I/ we, the undersigned have read and examined all the terms and
conditions etc. of the tender document for which I/We have signed and submitted the
tender/proposal under proper lawful power of attorney.






I/We also certified that all the terms and conditions etc. of the tender document are fully
acceptable to me/us except the following clauses/ sub-clause/s.

  Sl. No.   Clause / Sub Clause        Reason for non-                   Remarks
                    no.                   acceptance




                                                                  Seal & Signature

Place:
Date:

                                                                  NAME

                                                                  DESIGNATION

                                                                  ON BEHALF OF




                                     25
                                                                                       Annexure-6




                                       Commercial Template

                          ( To   be submitted in company's letter head)


             Particulars of work                         Professional Fees on monthly basis
                                                                     (excluding GST)*
  For   all    the    GST     works          as      Monthly Rate in INR            Monthly Rate in INR
  mentioned in the Scope of Work.                       (In Figures)                   (In words)




Notes:
 a.      Applicable taxes to be paid extra on the above quoted fee.
 b.      Statutory Deductions like TDS etc. shall be made by Tea Board India as per statutory rate
         and norms, wherever applicable.


 Place:                                                            Signature:


 Date:                                             Name and Designation:


                                                     Company's Seal:




                                             26
                                                                                       Annexure-7

                                   BANK GUARANTEE TEMPLATE

THIS DEED OF GUARANTEE MADE THIS ..................... DAY OF.................. between the Tea
Board of India (A body corporate under the Ministry of Commerce & Industry, Govt. of
India), having its Head Quarter at 14 B.T.M Sarani, Kolkata (hereinafter called the
"BOARD") (which expression shall unless excluded by or repugnant to the context
include its successors and assignees) of one part and ........................ (hereinafter called
the "Company" giving performance guarantee) (Which expression shall unless excluded
by or repugnant to the context include is successors and assignees) of the other part.

WHERE THE BOARD accepted the tender of .............            (hereinafter called the Company)
to   provide     service    on    statutory     obligations     as    per    the       Agreement.............
Dated............................... (hereinafter referred to as the said Agreement)

AND WHEREAS the said Agreement provides that the company shall furnish Bank
Guarantee to the extent of 10% of the contract value as and by way of security for the
due observance and performance of terms and conditions of the Agreement.

AND WHEREAS at the request of the company, the Bank giving performance guarantee
has agreed to furnish this guarantee.

NOW THIS DEED WITNESSES AS FOLLOWS:

1. In consideration of the premises, the bank giving performance guarantee hereby
undertakes and agrees to pay on demand to Tea Board 10% of the contract value .

2. The bank giving performance guarantee shall pay to the Board on demand the sum
under clause above without demur and without requiring the Board to invoke any legal
remedy that may be available to it. It is agreed and further declared that the Board shall
be the sole judge of and in case bank were to commit breach or breaches, if any, of the
terms and conditions of the said Agreement and the extent of losses, damages, cost,




                                   27
charges, expenses caused to or suffered by or that may be caused to or suffered by
the Board from time to time shall be final and binding on the bank giving performance
guarantee.

Secondly, the right of Tea Board to recover from the bank giving performance guarantee
any amount under this guarantee merely on demand shall not be affected or suspended
by reason of the fact that any dispute or disputes have been raised by the bank with
regard to their liability in question or the proceedings pending before any tribunal,
arbitrator with regard thereto or in connection there with and thirdly the bank giving
performance guarantee shall immediately pay the amount of guarantee to Tea Board on
demand and it shall not be open to the bank to know the reasons of or to investigate or
to go into the merits of the demands or to question whatsoever. Bank giving performance
guarantee agrees that it shall not be open to them to require proof of the liability of the
bank to pay the amount before paying the sum demanded under this Guarantee clause
above.

3. The guarantee is in addition to and not in substitution for any other guarantee
executed by the bank giving performance guarantee in favour of Tea Board on behalf of
the bank.

4. The bank and the Board will be at liberty to vary and modify the terms and conditions
of the Agreement without affecting this guarantee, notice of which modifications to the
bank giving performance guarantee hereby waived.

5. This guarantee shall not be affected by any change in the constitution of the bank giving
performance guarantee or of the company nor shall the guarantee be affected by any
amalgamation or absorption with any other body corporate and this guarantee will be
available to or enforceable by such body corporate.

6. The neglect or forbearance of the Board in enforcing any payments of money, the
payment thereof is intended to be hereby secured or the giving of time by Tea Board for




                                         28
        the payment thereof shall in no way release the bank giving performance guarantee
        from its liability under this deed.

        7. This guarantee is irrevocable except with the written consent of the Tea Board.

        8. This guarantee shall come into force from the date hereof and shall remain valid till
        ............. but if the period of the Agreement is, for any reason, extended and upon such
        extension if the company failed to furnish fresh or renewed guarantee for the extended
        period plus three (3) months, the bank giving performance guarantee shall pay to Tea
        Board 10% of the contract value immediately on the demand of Tea Board.

                                                IN WITNESS WHEREOF

         For and on Behalf of the Bank giving performance guarantee have signed this Deed on
        the day and year above written

         WITNEESS:

         1.


         2.


                                              Signed by for and on behalf of the Bank
                                              giving performance guarantee



Date:

SIGNATURE & SEAL OF TENDERER Address:

NAME :                                                               DESIGNATION
                                                                     ON BEHALF OF




                                        29
                                                                        ANNEXURE -8
                             NON DISCLOSURE AGREEMENT


                   (To be taken on Rupees 100 Non Judicial Stamp Paper)

This Agreement is made on this -------- day of --------------, 2018 ("Effective Date") between
TEA BOARD of India ( A body corporate under the Ministry of Commerce & Industry, Govt. of
India) having its Headquarter at 14, BTM, Sarani, Kolkata (hereinafter called the "Board")
(which expression shall unless excluded by or repugnant to the context or meaning thereof
shall mean and include its successors and assignees) of the one part.

                                             AND

The ..........(hereinafter called the company which expression shall, unless repugnant to the
contract/license include its successors and assignees) of the other part.

The term "Disclosing Party" refers to the party disclosing the confidential information to the
other party to this Agreement and the term "Receiving Party" means the party to this
Agreement which is receiving the confidential information from the Disclosing Party.

Tea Board and the company shall hereinafter be jointly referred to as the "Parties" and
individually as a "Party".

NOW THEREFORE

In consideration of the mutual protection of information herein by the parties hereto and
such additional promises and understandings as are hereinafter set forth, the parties agree
as follows:




                                       30
Article 1: PURPOSE

The purpose of this Agreement is to maintain confidentiality of the various Confidential
Information, which is provided or exchanged between Board and the company to perform
the respective promises in furtherance of this Agreement (hereinafter called "Purpose") set
forth in below:


Article 2: DEFINITION

For purposes of this Agreement, "Confidential Information" means the terms and conditions,
and with respect to either party, any and all information in written, representational,
electronic, verbal or other form relating directly or indirectly to the Purpose (including, but
not limited to, information identified as confidential or pertaining to, pricing, marketing plans
or strategy, volumes, services rendered, customers and suppliers lists, financial or technical
or service matters or data, employee/agent/ consultant/officer/director related personal or
sensitive data and any information which might reasonably be presumed to be proprietary
or confidential in nature) excluding any such information which (i) is known to the public
(through no act or omission of the Receiving Party in violation of this Agreement); (ii) is
lawfully acquired by the Receiving Party from an independent source having no obligation to
maintain the confidentiality of such information; (iii) was known to the Receiving Party prior
to its disclosure under this Agreement; (iv) was or is independently developed by the
Receiving Party without breach of this Agreement; or (v) is required to be disclosed by
governmental or judicial order, in which case Receiving Party shall give the Disclosing Party
prompt written notice, where possible, and use reasonable efforts to ensure that such
disclosure is accorded confidential treatment and also to enable the Disclosing Party to seek
a protective order or other appropriate remedy at Disclosing Party's sole costs.




                                  31
Confidential Information disclosed orally shall only be considered Confidential Information
if: (i) identified as confidential, proprietary or the like at the time of disclosure, and (ii)
confirmed in writing within Seven (7) days of disclosure.

Article 3: NO LICENSES

This Agreement does not obligate either party to disclose any particular proprietary
information; to purchase, sell, license, transfer, or otherwise dispose of any technology,
services, or products; or to enter into any other form of business, contract or arrangement.
Furthermore, nothing contained hereunder shall be construed as creating, conveying,
transferring, granting or conferring by one party on the other party any rights, license or
authority in or to the Confidential Information disclosed under this Agreement.

Article 4: DISCLOSURE

Receiving Party agrees and undertakes that it shall not, without first obtaining the written
consent of the Disclosing Party, disclose or make available to any person, reproduce or
transmit in any manner, or use (directly or indirectly) for its own benefit or the benefit of
others, any Confidential Information save and except both parties may disclose any
Confidential Information to their Affiliates, directors, officers, employees or advisors of their
own or of Affiliates on a "need to know" basis to enable them to evaluate such Confidential
Information in connection with the negotiation of the possible business relationship;
provided that such persons have been informed of, and agree to be bound by obligations
which are at least as strict as the recipient's obligations hereunder. For the purpose of this
Agreement, Affiliates shall mean, with respect to any party, any other person directly or
indirectly Controlling, Controlled by, or under direct or indirect common Control with, such
party. "Control", "Controlled" or "Controlling" shall mean, with respect to any person, any
circumstance in which such person is controlled by another person by virtue of the latter
person controlling the composition of the Board of Directors or owning the largest or




                                   32
controlling percentage of the voting securities of such person or by way of contractual
relationship or otherwise.

The Receiving Party shall use the same degree of care and protection to protect the
Confidential Information received by it from the Disclosing Party as it uses to protect its own
Confidential Information of a like nature, and in no event such degree of care and protection
shall be of less than a reasonable degree of care.

The Disclosing Party shall not be in any way responsible for any decisions or commitments
made by Receiving Party in relying on the Disclosing Party's Confidential Information.

Article 5: RETURN OR DESTRUCTION OF CONFIDENTIAL INFORMATION

The parties agree that upon termination/expiry of this Agreement or at any time during its
currency, at the request of the Disclosing Party, the Receiving Party shall promptly deliver to
the Disclosing Party the Confidential Information and copies thereof in its possession or
under its direct or indirect control, and shall destroy all memoranda, notes and other writings
prepared by the Receiving Party or its Affiliates or directors, officers, employees or advisors
based on the Confidential Information and promptly certify such destruction, if otherwise
permissible under the rules framed by the Govt. regarding retention of records as framed
from time to time.

Article 6: INDEPENDENT DEVELOPMENT AND RESIDUALS

Both parties acknowledge that the Confidential Information coming to the knowledge of the
other may relate to and/or have implications regarding the future strategies, plans, business
activities, methods, processes and or information of the parties, which afford them certain
competitive and strategic advantage. Accordingly, nothing in this Agreement shall prohibit
the Receiving Party from developing or having developed for it products, concepts, systems
or techniques that are similar to or compete with the products, concepts, systems or
techniques contemplated by or embodied in the Confidential Information provided that the




                                         33
Receiving Party does not violate any of its obligations under this Agreement in connection
with such development.


Article 7: NON-WAIVER

No failure or delay by either party in exercising or enforcing any right, remedy or power
hereunder shall operate as a waiver thereof, nor shall any single or partial exercise or
enforcement of any right, remedy or power preclude any further exercise or enforcement
thereof or the exercise of enforcement of any other right, remedy or power.

Article 8: GOVERNING LAW

This Agreement shall be governed exclusively by the laws of India and jurisdiction shall be
vested exclusively in the courts at Kolkata in India.

Article 9: NON-ASSIGNMENT

This Agreement shall not be amended, modified, assigned or transferred by either party
without the prior written consent of the other party.

Article 10: TERM

This Agreement shall remain valid from the date of execution till the termination or expiry of
this Agreement, whichever is earlier. The obligations of each Party hereunder shall continue
and be binding irrespective of whether the termination / expiry of the Agreement for a period
of three years after the termination / expiry of this Agreement.

Article 11: INTELLECTUAL PROPERTY RIGHTS

Neither Party shall use or permit the use of the other Party's names, logos, trademarks or
other identifying data, or otherwise discuss or make reference to such other Party or infringe
Patent, Copyrights, in any notices to third Parties, any promotional or marketing material or




                                     34
in any press release or other public announcement or advertisement, however characterized,
without such other Party's prior written consent.

Article 12: GENERAL

Nothing in this Agreement is intended to confer any rights/remedies under or by reason of
this Agreement on any third party.

This Agreement and the confidentiality obligations of the Parties under this Agreement
supersedes all prior discussions and writings with respect to the Confidential Information and
constitutes the entire Agreement between the parties with respect to the subject matter
hereof. If any term or provision of this Agreement is determined to be illegal, unenforceable,
or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions
or part(s) thereof shall be stricken from this Agreement.

Any breach of any provision of this Agreement by a party hereto shall not affect the other
party's nondisclosure and non-use obligations under this Agreement.

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement by their duly
authorized representatives as of the Effective Date written above.

                                            Tea Board

By:                                         By:

Name:                                       Name:

Title:                                      Title:

                                            Date:




                             35
Signature Not Verified
Digitally signed by SOUMYA
BHATTACHARYA
Date: 2019.11.27 17:46:22 IST
Location: eProcure-EPROC

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