Tender for
"APPOINTMENT OF CONSULTANT FOR ASSESSMENT,
IDENTIFICATION & MITIGATION OF INTERNAL
FINANCIAL CONTROL MECHANISM & RISK CONTROL
MECHANISM"
Tender No.: MSTC/IFC/2019-20/ET/107
Dated 02-03-2020
Last date for submission: 30-03-2020 at 1500 Hrs.
Deputy General Manager (F&A)
MSTC Limited,
225C, A J C Bose Raod
Kolkata - 700020, India
Tel. No. 033- 2283-3384
email : aspal@mstcindia.co.in
Page 1 of 32
NOTICE INVITING TENDER (NIT)
Tenders are invited for the following Job/ services in MSTC Limited, Kolkata.
Name of Job/Services: Appointment of consultant for assessment, identification
& mitigation of Internal Financial Control Mechanism & Risk Control Mechanism
Earnest Money Deposit (EMD):Rs. 20,000/- (Rupees Twenty Thousand only)
remitted through NEFT at MSTC Limited, A/c No.0068010300184, United
Bank of India, Tivoli Park Branch, Kolkata IFSC : UTBI0TVP142.
SCHEDULE OF TENDER
1. E-TENDER No./EVENT No. MSTC/IFC/2019-20/ET/107
2. MODE OF TENDER Open and e-Tender System
Online submission of Part I - Techno-
Commercial Bid and Part II - Price
Bid through
www.mstcecommerce.com/eprochome/
mstc. The intending bidders are
required to submit their offer
electronically through this e-tendering
portal. No physical tender is
acceptable by MSTC
3. Date of publication of e-Tender 02-03-2019 at 10:00 Hrs
through publication in MSTC
websites and Central Public
Procurement Portal
4. Date of availability of NIT to the 02-03-2019 at 14:00 Hrs.
Vendors for downloading
5. Date of Prebid Meeting 12-03-2019 at 11:00 Hrs.
6. Date of Starting of e-Tender for 18-03-2019 at 11:00 hrs.
submission of Online Techno-
Commercial Bid and Price Bid
7. Date of closing of Online e-tender 30-03-2019 at 15:00 hrs.
for submission of Techno-
Commercial Bid & Price Bid
8. Date & time of opening of Part-I 30-03-2019 at 16:00 hrs.
(Techno-Commercial Bid)
9. Date & time of opening of Part-II Shall be informed separately.
(Price Bid )
The details of the tender document are available at MSTC's websites
www.mstcindia.co.in and also on e-procurement portal of GOI
http://eprocure.gov.in/cppp. The corrigendum / addendum to this tender, if
any, shall also be uploaded on the above websites.
Page 2 of 32
TENDER DOCUMENT FOR
Appointment of consultant for assessment, identification &
mitigation of Internal Financial Control Mechanism & Risk Control
Mechanism
INDEX
Sl. Particulars Page
No. No.
1 Notice Inviting Bid 4-5
Salient Features of Bidding Document & Important
2. Instructions 5-8
3. Description of Requirement 9
4. Scope of work 9-11
5. Pre-Qualifying Requirements (PQR) 11
6. General Terms and Conditions 12-13
7. Earnest Money Deposit (EMD) 13
8. Making and submission of bids 13-14
9. Bid validity 15
10. Bid opening 15
11. Evaluation of Technical bids 15-16
12. Price Bid evaluation 16
13. Notification of award 16
14. Integrity Pact 16
15. Fraud Prevention Policy 16-17
16. Holiday Listing 17
17. Indemnity 17-18
18. Time Schedule and Terms of Payment 18
19. Proforma of Integrity Pact 19-22
20. Proposal Forms 23-32
Page 3 of 32
1. Notice Inviting Bid
Subject: Appointment of consultant for assessment, identification &
mitigation of Internal Financial Control Mechanism & Risk Control
Mechanism
MSTC Limited is a Mini Ratna Category-I CPSE under the administrative
control of the Ministry of Steel, Government of India. The company was set
up in 9th September 1964 to regulate export of surplus ferrous scrap in the
early 1970's due to growth of scrap using Industries in India, scrap becomes
a deficit item and role of MSTC was redefined as that of a canalizing agency
for import of ferrous scrap.
From being a small canalized agency, MSTC has emerged as a major player in
the country for promoting e-Commerce and Trading. It has developed and
utilized an immensely popular tool for transacting business over the internet
in a most transparent and fair manner by its e-Auction portal
namely, www.mstcecommerce.com. This portal provides a virtual
marketplace for domestic sellers and buyers to do business in metal scrap
(ferrous/non-ferrous), surplus stores, machineries, obsolete spares, vehicles,
minerals and agriculture & forest produce etc. The methodology adopted
includes open tender, public auction and e-auction. It has also developed an
e-Procurement portal and is ready with end-to-end e-Procurement services.
The company has its Registered & Corporate Office at Kolkata with 4
Regional Offices (RO) at Kolkata, New Delhi, Mumbai & Chennai and 13
Branch Offices (BO) at Bangalore, Vizag, Vadodra, Hyderabad, Bhopal,
Bhubaneshwar, Chandigarh, Guwahati, Jaipur, Lucknow, Raipur, Ranchi &
Trivandrum)
All the Offices are maintaining books of accounts at their respective
locations in in-house software ISTMS. They are preparing financial
statements independently which are audited by Statutory Auditors
appointed by C&AG. The audited financial statements of Regional Offices
and Branch Offices are consolidated at Corporate Office for Standalone
Financial Statements of the Company. The Standalone and Consolidated
Financial Statement are prepared as per requirement of Companies Act
2013 and other applicable statutes.
Imports/exports/purchases/sales take place at various offices as well as at
Corporate Office.
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MSTC is having one Subsidiary namely Ferro Scrap Nigam Ltd (FSNL) and
one Joint Venture namely Mahindra MSTC Recycling Pvt Ltd (MMRPL) all
over India.
The details of the company are available on website www.mstcindia.co.in
MSTC invites offers in two-part bid system for appointment of consultant for
assessment, identification & mitigation of Internal Financial Control
Mechanism & Risk Control Mechanism
2. Salient features of bidding document & Important instructions
1. E-TENDER No./EVENT No. MSTC/IFC/2019-20/ET/107
2. MODE OF TENDER Open and e-Tender System
Online submission of Part I - Techno-
Commercial Bid and Part II - Price Bid
through
www.mstcecommerce.com/eprochome/
mstc. The intending bidders are
required to submit their offer
electronically through this e-tendering
portal. No physical tender is acceptable
by MSTC
3. Date of publication of e-Tender 02-03-2019 at 10:00 Hrs
through publication in MSTC
websites and Central Public
Procurement Portal
4. Date of availability of NIT to the 02-03-2019 at 14:00 Hrs.
Vendors for downloading
5. Date of Prebid Meeting 12-03-2019 at 11:00 Hrs.
6. Date of Starting of e-Tender for 18-03-2019 at 11:00 hrs.
submission of Online Techno-
Commercial Bid and Price Bid
7. Date of closing of Online e-tender 30-03-2019 at 15:00 hrs.
for submission of Techno-
Commercial Bid & Price Bid
8. Date & time of opening of Part-I 30-03-2019 at 16:00 hrs.
(Techno-Commercial Bid)
9. Date & time of opening of Part-II Shall be informed separately.
(Price Bid )
This is an e-procurement event of MSTC, the e-procurement service provider is MSTC Ltd., 225C,
A.J.C. Bose Road, Kolkata-700 020. You are requested to read the terms & conditions of this
tender before submitting your online tender.
Process of E-tender :
A) Registration: The process involves vendor's registration with MSTC e-procurement
1 portal which is free of cost. Only after registration, the vendor(s) can submit his/their bids
electronically. Electronic Bidding for submission of Technical Bid as well as Commercial
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Bid will be done over the internet. The Vendor should possess Class III signing type digital
certificate. Vendors are to make their own arrangement for bidding from a P.C.
connected with Internet. MSTC is not responsible for making such arrangement. (Bids will
not be recorded without Digital Signature).
SPECIAL NOTE: THE TECHNICAL BID AND THE COMMERCIAL BID HAS TO BE SUBMITTED
ON-LINE AT www.mstcecommerce.com/eprochome/mstc
1).Vendors are required to register themselves online with
www.mstcecommerce.com e-Procurement PSU/Govt depts Select MSTC Logo-
>Register as Vendor -- Filling up details and creating own user id and password Submit.
2). Vendors will receive a system generated mail confirming their registration in their
email which has been provided during filling the registration form.
In case of any clarification, please contact MSTC, (before the scheduled time of the e-
tender).
In case of any clarification, please contact MSTC (before the scheduled time of the e-Tender).
Contact person (F&A, MSTC):
1. Shri A S Pal
Deputy General Manager (F&A)
Phone No. 033-22833384
Email: aspal@mstcindia.co.in
Other Contact Details:
Helpdesk : 033- 22901004
B) System Requirement:
i) Windows 7 or above Operating System
ii) IE-7 and above Internet browser.
iii) Signing type digital signature
iv) Latest updated JRE 8 (x86 Offline) software to be downloaded and installed in the
system.
To disable "Protected Mode" for DSC to appear in The signer box following settings may
be applied.
Tools => Internet Options =>Security => Disable protected Mode If enabled- i.e,
Remove the tick from the tick box mentioning "Enable Protected Mode".
Other Settings:
Tools => Internet Options => General => Click On Settings under "browsing history/ Delete
Browsing History" => Temporary Internet Files => Activate "Every time I Visit the
Webpage".
To enable ALL active X controls and disable `use pop up blocker' under ToolsInternet
Options custom level (Please run IE se ngs from the page
www.mstcecommerce.com once)
The Techno-commercial Bid and the Price Bid shall have to be submitted online at
2 www.mstcecommerce.com/eprochome/mstc tenders will be opened electronically on
specified date and time as given in the Tender.
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All entries in the tender should be entered in online Technical & Commercial Formats
3 without any ambiguity.
4 Special Note towards Transaction fee: Not Applicable
5 Information about tenders /corrigendum uploaded shall be sent by email only during the
process till finalization of tender by MSTC Hence the vendors are required to ensure that
their corporate email I.D. provided is valid and updated at the time of registration of
vendor with MSTC (i.e. Service Provider). Vendors are also requested to ensure validity of
their DSC (Digital Signature Certificate).
6 E-tender cannot be accessed after the due date and time mentioned in NIT.
7 Bidding in e-tender :
a) Vendor(s) need to submit necessary EMD as per clause no. 7 to be eligible to bid
online in the e-tender. No interest will be paid on EMD. EMD of the unsuccessful
vendor(s) will be refunded by MSTC
b) The process involves Electronic Bidding for submission of Technical and
Commercial Bid.
c) The vendor(s) who have submitted transaction fee can only submit their Technical
Bid and Commercial Bid through internet in MSTC website
www.mstcecommerce.com e-procurement PSU/Govt depts Login under
MSTCMy menu Auc on Floor Manager live event Selec on of the live
event
d) The vendor should allow running JAVA application. This exercise has to be done
immediately after opening of Bid floor. Then they have to fill up Common
terms/Commercial specification and save the same. After that clicking on the
Technical bid. If this application is not run then the vendor will not be able to
save/submit his Technical bid.
e) After filling the Technical Bid, vendor should click `save' for recording their
Technical bid. Once the same is done, the Commercial Bid link becomes active and
the same has to filled up and then vendor should click on "save" to record their
Commercial bid. Then once both the Technical bid & Commercial bid has been
saved, the vendor can click on the "Final submission" button to register their bid
f) Vendors are instructed to use Attach Doc button to upload documents. Multiple
documents can be uploaded.
g) In all cases, vendor should use their own ID and Password along with Digital
Signature at the time of submission of their bid.
h) During the entire e-tender process, the vendors will remain completely
anonymous to one another and also to everybody else.
i) The e-tender floor shall remain open from the pre-announced date & time and for
as much duration as mentioned above.
j) All electronic bids submitted during the e-tender process shall be legally binding
on the vendor. Any bid will be considered as the valid bid offered by that vendor
and acceptance of the same by the Buyer will form a binding contract between
Buyer and the Vendor for execution of supply.
k) It is mandatory that all the bids are submitted with digital signature certificate
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otherwise the same will not be accepted by the system.
l) Buyer reserves the right to cancel or reject or accept or withdraw or extend the
tender in full or part as the case may be without assigning any reason thereof.
m) No deviation of the terms and conditions of the tender document is acceptable.
Submission of bid in the e-tender floor by any vendor confirms his acceptance of
terms & conditions for the tender.
8 Any order resulting from this tender shall be governed by the terms and conditions
mentioned therein.
9 No deviation to the technical and commercial terms & conditions are allowed.
10 MSTC has the right to cancel this e-tender or extend the due date of receipt of bid(s)
without assigning any reason thereof.
11 The online tender should be submitted strictly as per the terms and conditions and
procedures laid down in the website www.mstcecommerce.com/eprochome of MSTC
Ltd.
The vendors must upload all the documents required as per terms of tender. Any other
12 document uploaded which is not required as per the terms of the tender shall not be
considered.
13 The bid will be evaluated based on the filled-in technical & commercial formats.
14 Vendors are requested to read the vendor guide and see the video in the page
www.mstcecommerce.com/eprochome to familiarize them with the system before
bidding.
Page 8 of 32
3. Description of Requirement
MSTC desires engagement of a qualified and experienced CA Firm on fixed
remuneration for reporting and advice on Company's Internal Financial
Control and Risk Management & Assessment reporting. Further, the firm
must be familiar with CVC guidelines / other statutory reporting
requirements etc.
The Consultant has to prepare requisite framework of Internal Financial
Control system along with all relevant documentation. Consultant has to
report there-on in accordance with the guidance note on Internal Financial
Control issued by The Institute of Chartered Accountants of India (ICAI).
Reporting to be on Internal Financial Control in MSTC Ltd. (including all
offices i.e. ROs/BOs) with control mechanisms in a pro-active manner.
4. Scope of Work
A) Review & reporting of existing Internal Financial Control and Risk Control
Mechanism in the Company to be conducted in pro-active manner in the
Company including Regional and Branch offices so as to ensure that
Internal Financial Controls are adequate and operating effectively. The
following aspects is to be covered in the assignment:
Develop and document the internal financial control criteria of the
Company as per Companies Act, 2013 and the guidance note on
`Audit of Internal Financial Controls over financial reporting' issued by
ICAI vis-à-vis the internal control system already in place and
suggest the new control systems and procedures (financial reporting
controls) to be put in place to cover the various business
functions/processes
Identify significant accounts and mapping with the business process
and sub-process or identification of financial reporting risks
(Materiality, quantitative and qualitative judgment).
Designing and developing internal control frame work both at entity
level with Branches and process level
Review existing process and map them with risks & controls and
ensure that they are adequate.
Monitor compliance with laws, regulations and internal policies.
Identify gaps in current processes, control activities, or
documentation and suggest ways/ means for mitigation.
Has to develop a Risk Control Matrix on critical aspects of the
transactions with synchronization of all existing guidelines, training
manuals, instructions, and internal controls as laid down by the top
management.
Development of self-sustaining Programme to enable periodic
evaluation/assessment and reporting of internal financial control.
Any other activities covered under Internal Financial Control.
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B) Presentation before Management, Audit Committee, Board of Directors
and Statutory Auditors in relation to internal financial control. The firm
would endeavor to equip the MSTC officials towards the future
requirement for Internal Financial Control and also conduct Knowledge
Sharing sessions during their tenure.
C) Review of business processes for financial implication and modification
thereof:
General accounting and reporting process (including finalization of
accounts)
Procurement and payment process
Accuracy and completeness of accounting records
Timely preparation of financial information
Prevention and detection of frauds and errors
Safeguarding of assets
Policies and Procedures
Receivable management process
Paid Stock management process
Capital project and PPE / Investment property
Treasury Management (including cash and bank operations)
Marketing and revenue management (including sales to collection
process)
Taxation process (direct and indirect taxes)
HR and Pay Roll management process
Present software, their contributions and future requirements
Any other activity to be covered for compliance.
D) Preparation of the detailed framework which among other things will also
include a time schedule with clearly defined activities for ensuring review
of internal financial control system. The consultant to give a detailed
presentation of the changes required for effective and efficient internal
financial control and the key areas of attention to the management
including improvements and necessary changes in the system required
for compliance as per the requirements of Companies Act, 2013 and
CARO, 2016 on financial as well as non-financial matters before Audit
Committee of Directors (ACD) and Board as and when required in
respect of the following:
Review of Internal Control Policy i.e. controls environment, risk
assessment, control activities, information system & communication
and monitoring.
Adequacy and effectiveness of internal financial control.
Review of internal control system and procedures and their operating
effectiveness.
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E) The firm will have responsibility and accountability to ensure
professionalism, economy, efficiency, effectiveness and integrity in
performing the assignment.
F) Suggestion for improvement in Internal Audit Scope and Programme.
5. Pre-Qualifying Requirements (PQR)
The offer shall be considered only from Indian, technically competent,
experienced and financially sound Accounting/Consulting firms of
Chartered Accountants who meet the following pre-qualification
requirements:
i) The Bidder should have been registered in India and should have
minimum ten (10) years of existence in the field of accounting and
audit services.
ii) The bidder should have at least six (6) partners with CA
qualification; out of which four (4) partners should be FCA and 2
(Two) partners should have DISA qualification.
iii) The bidder should be empanelled with C&AG.
iv) The bidder should have worked as statutory/internal auditor with
exposure in IFC audit either in listed Indian companies (having
turnover of Rs. 1,200 crores and above) or in PSU during any two
out of 3 preceding financial years.
v) The dealing partner should be in continuous working with the firm
since 5 years and should possess innate and intuitive acumen to
properly assess the Risk and suggest their mitigation plan.
vi) The bidder should have sufficient infrastructure and manpower for
undertaking the job within schedule time. The bidder should have an
office in Kolkata. Address of offices along with name, address and
contact number of official to be given as per form given in Proposal
Forms the number of partners and strength of supporting staff to be
given.
vii) The bidding entity / any partner / Director of the entity should not
have been convicted in any disciplinary proceedings / criminal case
by regulatory authority (ies) / court in connection with professional
work. Bidder should not be on negative list / black listed by any PSU
or Govt. Department. Bidder has to submit an undertaking in this
respect as per relevant form given in Proposal Forms.
Page 11 of 32
6. General terms and conditions
a) Bidder shall, as part of their bid, submit a written Authorization
Letter as per specified Form in tender from Partner of Bidding firm if
the signatory is other than Partner.
b) Bidder shall ensure that there should not be any conflict of interest
for their carrying out this assignment.
c) Bidder shall not be under liquidation, court receivership or similar
proceedings.
d) Bidding documents shall at all times remain the exclusive property
of the MSTC.
e) Bidder may note that Bid shall be submitted on the basis of "ZERO
DEVIATION" and shall be in full compliance to the requirements of
Bidding Document, failing which bid shall be considered as
nonresponsive and may be liable for rejection.
f) MSTC shall not be responsible for any expense incurred by bidders
in connection with the preparation and delivery of their bids, site
visit, participating in the discussion and other expenses incurred
during the bidding process.
g) MSTC reserves the right to accept or reject any Bid and to annul the
Bidding process and reject all Bids at any time prior to award of
contract without assigning any reason whatsoever, without thereby
incurring any liability to the affected Bidder or Bidders or without
any obligation to inform the affected Bidder or Bidders of the
grounds or the reasons for the said action.
h) Canvassing in any form by the bidder or by any other agency on
their behalf may lead to disqualification of their bid.
i) In case any bidder is found to be involved in cartel formation, his
bid will not be considered for evaluation / placement of order. Such
Bidder will be debarred from bidding in future.
j) The Bidder shall not transfer or assign the contract or any part
thereof to any other person/ firm/ consulting company/organization.
k) The Bidder shall quote in Indian Rupees.
l) The Bidder is expected to examine the Tender Document, including
all instructions, forms, terms and specifications in the Bidding
Document. Failure to furnish all information required as per the
Bidding Document may result in the rejection of the Bid.
m) Clarification, if any, in respect of this tender can be obtained from
Deputy General Manager (F&A) by email at aspal@mstcindia.co.in.
The responses to Bidder's queries/ clarifications raised will be
furnished as expeditiously as possible. Any modification of the
Bidding Document, which may become necessary as a result of the
Page 12 of 32
Bidders query, shall be uploaded in the above-mentioned websites
through the issue of an Addendum/ Amendment.
7. Earnest Money Deposit (EMD):
i) Earnest Money Deposit (EMD): Rs. 20,000/- (Rupees Twenty
Thousand only) remitted through NEFT at MSTC Limited, A/c
No.00680100300184, United Bank of India, Tivoli Park Branch,
Kolkata IFSC: UTBI0TVP142.
ii) EMD of the bidder will be forfeited if after opening of the tender, the
bidder revokes his tender within the validity period or modifies his
bid.
iii) EMD will be refunded to unsuccessful bidders. Also the said EMD will
be refunded to successful Bidder after completion of the
assignment.
iv) EMD shall not carry any interest.
8. Making and submission of bids
All documents of the bid shall be signed by the Partner/ Authorized
Person having valid authorization letter at the time of bid submission.
Any consequences resulting due to such signing shall be binding on the
Bidder. The Bidder shall submit Technical & Price Bid in two parts as
per details below:
PART I: Technical Bid
PART - II: Price Bid
A) PART- I: Technical Bid
a) Technical Bid shall be submitted in electronic mode only.
b) Bid documents containing the following must be in the order:
i. Covering letter of Bid on Bidder's letter head as per Form G.
ii. Index of the Bidding Document and subsequent Amendments/
Addendums to the Bidding Document duly signed and stamped by
the Bidder in token of having received and read all parts of the
Bidding Document having accepted and considered the same in
preparing and submitting the Bid.
iii. Authorization Letter, wherever applicable, in favor of signatory
(ies) of the bid as per Form H.
iv. Documents/ information relating to experience to be submitted as
per Form A.
v. Documents / information relating to relevant qualification of
professionals to be submitted as per Form B.
vi. Tender not accompanied with EMD/ EMD submitted in any form
other than stated above will not be accepted.
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vii. Declaration & compliance to Bid requirement as per Form-C.
viii. Bidders General Information as per Form-D. In case Bidder is a
partnership firm, certified copy of the partnership
deed/ Registration Certificate.
ix. Bidder's Bank Account details as per Form-E.
x. Any other information required in the Bidding Documents or
considered relevant by the bidder.
xi. All documents furnished by the Bidder as per the requirement of
Technical Bid Evaluation Criteria shall be signed and stamped by
the bidder or authorized signatory of bidder.
B) PART - II - PRICE BID
i. The Price Bid shall be submitted in electronic mode only through
MSTC E-Tendering portal
https://mstc.mstcecommerce.com/eprochome/mstc as per Form-F
provided in the Bidding Document. Class II or Class III Digital
Signature Certificate (DSC) is mandatory to participate in e-
tendering. Participating bidders have to make sure that they have
the valid DSC in their name.
iv. No stipulation, deviation, terms & conditions, presumption, basis
etc. shall be stipulated in the price bid. Any conditions, if stipulated,
shall be treated as null and void and shall render the bid liable for
rejection.
v. Unless stated otherwise in the Bidding Documents, the Contract
shall be for the total work as described in Bidding Document.
vi. Bidder shall quote the price after careful analysis of cost involved
for the performance of the complete work considering all parts of
the Bidding Document.
vii. The quoted Price shall be deemed to be all inclusive except
applicable GST till the completion of the work. It is clearly
understood that MSTC will not have any additional liability towards
payment of any Taxes & Duties except applicable GST leviable on
total quoted price. However, for visiting Regional Offices, cost for
one Sr. Partner and one Assistant will be borne by MSTC.
viii. Alternative / conditional bids shall not be considered.
ix. Prices quoted by the Bidder, shall remain firm and fixed and valid
until completion of the Contract and will not be subject to variation
on any account.
x. Price shall be quoted in figures as well as in words. If some
discrepancies are found between the price given in words and
figures, the price quoted in words shall be taken as correct.
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9. Bid Validity
a) Bid submitted by Bidder shall remain valid for a minimum period of
two months from the date of opening of Price Bid (Part-II). Bidders
shall not be entitled during the said period of two months, without the
consent in writing of the MSTC, to revoke or cancel their Bid or to vary
the Bid given or any term thereof.
b) MSTC may solicit the Bidders consent to an extension of the period of
validity of bid. The request and the responses there to shall be made in
writing. However, Bidders agreeing to the request for extension of
validity of bid will not be permitted to modify the bid.
10. Bid Opening
a) MSTC will open the technical bids in the presence of Bidders'
designated representatives at date & time as stipulated in "Salient
features of Bidding Document". The Bidder's representatives who are
present shall sign bid-opening statement evidencing their attendance.
b) Bidder's names and any other such details as MSTC may consider
appropriate will be announced by MSTC.
c) Price bid of only those bidders whose bids are determined to be
technically qualified shall be opened. Bidders selected for opening of
their price bids shall be informed about the date of price bid opening.
Bidders may depute their authorized representative to attend the
opening. During price bid opening total price as quoted by the bidders
shall be read out.
11. Evaluation of Technical bids
a) The MSTC will determine whether each of the bids conforms to the terms,
conditions and specification of the Bidding Documents without material
deviation and is complete with regard to submission of required
documents. A material deviation is one which affects in any substantial
way the scope, quality or performance of the works, or which limits in any
substantial way, inconsistent with the Bidding Document, the MSTC's
rights or the Bidder's obligations as envisaged in the Bidding Document,
and the rectification of which deviation or reservation would affect unfairly
the competitive position of other Bidders presenting substantially
responsive Bids.
b) No stipulation, deviation, terms & conditions, presumption, basis etc. shall
be stipulated in the bid. Any conditions, if stipulated, shall be treated as
null and void and may render the bid liable for rejection.
c) MSTC, if necessary, will obtain clarifications on the Bid by requesting for
such information / clarifications from any or all Bidders, either in writing or
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through personal contact. All responses shall be in writing, and no change
in the price or substance of the bid shall be permitted unless specifically
sought by MSTC.
d) MSTC reserve the right to assess Bidder's capability and capacity to
execute the work using in-house information including taking into account
other aspects such as concurrent commitments, past performance etc.
12. Price Bid Evaluation
a) Lowest Overall Evaluation will be done on the basis of total quoted price
as per Form `F'.
b) Bidder quoting lowest as at (a) above and adhering to tender stipulations
in an unqualified manner shall be recognized as L-1.
13. Notification of award
MSTC will issue the Letter of Award (LOA) to the successful Bidder and
communicate the same through Courier/Fax/email as per details given by
Bidder. The said communication will constitute acceptance to the proposal
of the shortlisted bidder on behalf of MSTC.
14. Integrity Pact
The Buyer/Vendor undertakes to demand from all subcontractor(s) a
commitment consistent with this Integrity Pact, and to submit it to MSTC
before contract signing.
MSTC will disqualify from the tender process all Buyer(s) who do not sign this
Pact or violate its provisions.
15. Fraud Prevention Policy
(A) Commitments of the Bidder:
The Bidder shall be bound to take all measures necessary to prevent Fraud
and Corruption while dealing with MSTC. They agree and undertake to
observe the principles/ provisions as laid down in "Fraud Prevention Policy"
of MSTC during their participation in the tender process, during the
execution of contract and in any other transaction with MSTC.
The Bidder shall not, directly or through any other person or firm, offer,
promise or give or otherwise allow any of MSTC's employees any material
or other benefit which he/she is not legally entitled to, in order to obtain
in exchange any advantage of any kind whatsoever during the tender
process or during the execution of the contract.
The Bidder shall not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in
particular to prices, specifications, certifications, subsidiary contracts,
Page 16 of 32
submission or non-submission of bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process.
The Bidder shall not commit or allow any employees of MSTC to commit
any offence under the relevant provisions of IPC/Prevention of Corruption
Act; further the Bidder will not use improperly or allow any employee(s) of
MSTC, for purposes of competition or personal gain, or pass onto others,
any information or document provided by MSTC as per of the business
relationship, including information contained or transmitted electronically.
The Bidder shall not instigate third persons to commit offences/activities
outlined in Fraud Prevention Policy or be an accessory to such offences.
The Bidder if in possession of any information regarding fraud/suspected
fraud, hereby agree and undertake to inform MSTC of same without any
delay.
(B) Disqualification from tender process and exclusion from future contracts:
If the Bidder before award or during execution has committed a
transgression through a violation of this Clause , above or "Fraud
Prevention Policy" of MSTC in any other form such as to put their
reliability or credibility in question, MSTC other than taking recourse
available under law, shall be entitled to disqualify the Bidder from
undertaking any transaction with MSTC and/or declare the bidder ineligible
to be awarded a contract either indefinitely or for a stated period of time.
(C) Damages: If MSTC has disqualified the Bidder(s) from the tender process
prior to the award or during execution according to this Clause, MSTC
shall be entitled to demand and recover from the Contractor/Bidder
liquidated damages of the Contract value or the amount equivalent to
Performance Bank Guarantee or EMD if any.
15. Holiday Listing
Notwithstanding anything contained in this agreement, MSTC's policy for
Holiday Listing of an Agency mutatis mutandis applies to this agreement
and in the event, the agency(s) while discharging its obligations under the
Agreement or otherwise, come(s) within the ambit of the said policy, MSTC
at its sole discretion reserves the right to suspend/discontinue dealings or
take any curative measures with the agency(s) in accordance with the
policy in force.
16. Indemnity
The successful bidder shall indemnify, defend and hold and keep
indemnified, the MSTC from and against all actions, suits, claims costs,
liabilities and demands brought or made against the MSTC in respect of any
matter or thing done or omitted to be done by the bidder or their
Page 17 of 32
employees/representatives in the execution of or in connection with the
work or the bidder's performance under this assignment and against any
loss or damage to the MSTC in consequence of any action or suit being
brought against the bidder or their employees/representatives for anything
done or omitted to be done in execution of the Work and the Project
coordination services under this assignment, including but not limited to
meeting the Project milestones and non-compliance with the applicable
laws and regulations. The obligations of the successful bidder under this
clause shall survive the termination or expiry of this Contract.
17. Time Schedule and Terms of Payment
Sl. Scope of Work as per Para 4 Target By Terms of
No. (Days/Date) Payment (% of
price quoted at
Sl. No.1 of
Schedule of
rates in Form F)
1. Preparation of detailed road Within 30 days NIL
map from the date of
Award
2. Submission of report to the Within 60 days 50% on
Management on Internal from the date of submission of
Financial Controls Mechanism Award report and
and Risk Control Mechanism presentation
before Audit
Committee
3. Post implementation Assistance Till adoption of 50% on MSTC's
report in the Audit acceptance of
Committee and work completion
compliance of any to the satisfaction
queries raised, if of Audit
any, in the Audit Committee of
Committee MSTC.
Note:
1. While making the payments any applicable statutory deductions will be made by
MSTC.
2. For Travel/Stay outside Kolkata for training etc., arrangements shall be
made by MSTC, provided the firm is not having office at that place. TA/DA will
be paid at par with MSTC Officials (E7 for Partners, E6 for qualified Assistants
and E3 for unqualified)
Page 18 of 32
INTEGRITY PACT
Between
MSTC LTD, hereinafter, referred to as "MSTC",
and
............................hereinafter referred to as "The Vendor/Service Provider/Buyer"
Preamble
WHREAS, MSTC is acting as an agent for the purpose of disposal/sale/booking/procurement of
various commodities;
And
WHEREAS, MSTC values full compliance with all relevant laws and regulations, and the principles
of economical use of resources, and of fairness and transparency in its relations with its Principals.
In pursuance, thereto, the following clauses of the Integrity Pact will be applicable and this
document shall be deemed to be an integral part of the Agency Agreement between us.
In order to achieve this goal, MSTC may seek cooperation of the renowned international
Non-Governmental Organization "Transparency International" (TI). Following TI's national and
international experience, MSTC may appoint an external independent Monitor who will monitor the
tender/auction/e-auction/e-sale/e-booking process and the execution of the contract for
compliance with the principles mentioned above.
Section - 1 Commitments of MSTC
MSTC commits itself to take all measures necessary to prevent corruption and to observe the
following principles :-
1. No employee of MSTC, personally or through family members, will in connection with the
tender for, or the execution of a contract demand, take a promise for or accept, for
him/herself or third person, any material or immaterial benefit which he/she is not legally
entitled to.
2. MSTC will, during the tender/auction/e-auction/e-sale/e-booking process, provide to all
Buyer(s)/Vendor(s) the same information and will not provide to any Buyer/Vendor
confidential/additional information through which the Buyer/Vendor could obtain an
advantage in relation to the tender/auction/e-auction/e-sale/e-booking process or the
contract execution.
3. MSTC will exclude from the process all known prejudiced persons.
If MSTC obtains information on the conduct of any of its employees which is a criminal offence
under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this
regard, MSTC will inform its Vigilance Office and in addition can initiate disciplinary actions.
Section - 2 Commitments of the Buyer/Vendor
The Buyer/Vendor commits himself to take all measures necessary to prevent corruption. He
commits himself to observe the following principles during his participation in the
tender/auction/e-auction/e-sale/e-booking/e-procurement process and during the contract
execution.
4. The Buyer/Vendor will not, directly or through any other person or firm, offer, promise or
give to MSTC, to any of MSTC's employees involved in the tender/auction/e-auction/e-
sale/e-booking process or the execution of the contract or any third person any material or
Page 19 of 32
immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange an
advantage during the tender process or the execution of the contract.
5. The Buyer/Vendor will not enter with other Buyer(s) into any illegal agreement or
understanding, whether formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contracts, submission or non-submission of bids or
actions to restrict competitiveness.
6. The Buyer/Vendor will not commit any criminal offence under the relevant Anti-Corruption
Laws of India; further the Buyer/Vendor will not use improperly, for purposes of
competition or personal gain, or pass on to others, any information provided by MSTC as
part of the business relationship, regarding plans technical proposals and business details,
including information contained or transmitted electronically.
7. The Buyer/Vendor will, when presenting his bid, disclose any and all payments he has
made, is committed to or intends to make to agents, brokers or any other intermediaries in
connection with the award of the contract.
8. The Buyer/Vendor will not instigate third persons to commit offences outlined above or be
an accessory to such offences.
Section - 3 Disqualification from tender process and exclusion from future
contracts
If the Buyer, before contract award, has committed a serious transgression through a violation of
Section 2 above or in any other form such as to put his reliability or credibility as Buyer into
question, MSTC is entitled to disqualify the Buyer from the tender/auction/e-auction/e-sale/e-
booking process or to terminate the contract, if already signed, for such reason.
9. If the Buyer/Vendor has committed a serious transgression through a violation of Section 2
above such as to put his reliability or credibility into question, MSTC is entitled also to
exclude the Buyer/Vendor from future contract award processes. The imposition and
duration of the exclusion will be determined by the severity of the transgression. The
severity will be determined by the circumstances of the case, in particular the number of
transgressions, the position of the transgressors within the company hierarchy of the Buyer
and the amount of the damage. The exclusion will be imposed for a minimum of 6 months
and maximum of 3 years.
10. If the Buyer/Vendor can prove that he has restored/recouped the damage caused by him
and has installed a suitable corruption prevention system, MSTC may revoke the exclusion
prematurely.
11. A transgression is considered to have occurred if in light of available evidence no
reasonable doubt is possible.
Section - 4 Compensation for Damages
12. If MSTC has disqualified the Buyer from the tender/auction/e-auction/e-sale/e-booking
process prior to the award according to Section 3 above, MSTC is entitled to demand from
the Buyer liquidated damages equivalent to 3% of the value of the offer.
13. If MSTC has terminated the contract according to Section 3, or if MSTC is entitled to
terminate the contract according to Section 3, MSTC shall be entitled to demand from the
Vendor liquidated damages equivalent to 5% of the contract value.
14. If the Buyer/Vendor can prove that the exclusion of the Buyer from the tender/auction/e-
auction/e-sale/e-booking process or the termination of the contract after the contract
award has caused no damage or less damage than the amount of the liquidated damages,
the Buyer/Vendor has to compensate only the damage in the amount proved. If MSTC can
prove that the amount of the damage caused by the disqualification of the Buyer before
contract award or the termination of the contract after contract award is higher than the
amount of the liquidated damages, it is entitled to claim compensation for the higher
amount of damages.
Page 20 of 32
Section - 5 Previous Transgression
15. The Buyer declares that no previous transgressions occurred in the last 3 years with any
other company in any country conforming to the TI approach or with any other Public
Sector Enterprise in India that could justify his exclusion from the tender process.
16. If the Buyer makes incorrect statement on this subject, he can be disqualified from the
tender process or the contract, if already awarded, can be terminated for such reason.
Section - 6 Equal treatment of all Buyer(s)/Vendor(s)
17. The Buyer/Vendor undertakes to demand from all subcontractor(s) a commitment
consistent with this Integrity Pact, and to submit it to MSTC before contract signing.
18. MSTC will enter into agreements with identical conditions as this one with all Buyer(s),
Vendor(s).
19. MSTC will disqualify from the tender process all Buyer(s) who do not sign this Pact or
violate its provisions.
Section - 7 Criminal Charges against violating Buyer(s)/Vendor(s)
If MSTC obtains knowledge of conduct of a Buyer, Vendor or of an employee or a
representative or an associate of a Buyer, Vendor which constitutes corruption, or if MSTC has
substantive suspicion in this regard, MSTC will inform the Vigilance Office.
Section - 8 External Independent Monitor
20. MSTC may appoint competent and credible External Independent Monitor for this Pact. In
such case the task of the Monitor is to review independently and objectively, whether and
to what extent the parties comply with the obligations under this agreement.
21. The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Chairperson of the
Board of MSTC.
22. The Monitor has the right of access without restriction to all Project documentation of
MSTC. The Vendor will also grant the Monitor, upon his request and demonstration of a
valid interest, unlimited access to his project documentation. The Monitor is under
contractual obligation to treat the information and documents of the Buyer/Vendor with
confidentiality.
23. MSTC will provide to the Monitor sufficient information about all meetings among the
parties related to the project provided as meetings could have an impact on the contractual
relations between MSTC and the Vendor. The parties offer to the Monitor the option to
participate in such meetings.
24. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will
so inform the Management of MSTC and request the Management to discontinue or heal
the violation, or to take other relevant action. The Monitor can in this regard subject non-
binding recommendations. Beyond this, the Monitor has no right to demand from the
parties that they act in a specific manner, refrain from action or tolerate action.
25. The Monitor will regularly submit a written report to the Chairperson of the Board of MSTC
and, should the occasion arise, submit proposals for correcting problematic situations.
26. If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an
offence under relevant Anti-Corruption Laws of India, and the Chairperson has not within
reasonable time, taken visible action to proceed against such offence or reported it to the
Vigilance Office, the Monitor may also transmit this information directly to the Central
Vigilance Commissioner, Government of India.
Page 21 of 32
Section - 9 Pact Duration
This Pact begins when both parties have legally signed it. It expires for the Vendor 12 months
after the last payment under the respective contract, and for all other Buyers' 6 months after
the contract has been awarded.
Section - 10 Other Provisions
1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the
Corporate Office of MSTC.
2. Changes and supplements as well as termination notices need to be made in writing. Side
agreements have not been made.
3. If the Vendor is a partnership or a consortium, this agreement must be signed by all
partners or consortium members.
4. Should one or several provisions of this agreement turn out to be invalid, the remainder of
this agreement remains valid. In this case, the parties will strive to come to an agreement
to their original intentions.
______________________ _____________________
For MSTC For Buyer/Vendor
Place : ___________ Witness 1 : _________________
Date : __________ Witness 2 : _________________
Page 22 of 32
Proposal Forms
Form A
Relevant experience of the Consultant Firm in implementation/assessment
of Internal Financial Control (IFC) & Risk Control:
S. Name of the Location Of Scope of Project Turnover of
No. client client work Period client
(Rs crore)
Notes: Bidder to submit copies of the relevant documents for the referred
assignments
Page 23 of 32
Form B
Details of Qualified Professionals of the firm
Sl. Name & Qualifica Member- Total No. of Relevant
No. Designation tion -ship no. years of Experience in
& since experience implementation
(FCA / /assessment of
ACA) IFC & Risk
Control
Note:
1 Bidders are required to furnish the complete and correct information
required for evaluation of their bids. If any information furnished is found
to be false/misleading/incomplete, the same shall be considered as
adequate ground for rejection of the bids.
2 Bidders are required to furnish only those credentials in the above
prescribed format for which documentary evidence is available with them.
MSTC reserves the right to seek additional information or ask for
supporting documents from Bidders for verifying/evaluating their
credentials whenever required.
3 Proper proof MUST be provided to support; the firm is 10 yrs plus old and
presently has minimum 6 FCA & 2 DISA competent partners.
Page 24 of 32
Form C
Undertaking
We ...................... with registered office ...................... hereby confirm that,
1. All the documents submitted in this tender are authentic, genuine,
copies of their originals and have been issued by the issuing authority
mentioned above and no part of the document(s) / information is false,
forged or fabricated.
2. Our Bid complies with the total technical-commercial requirements/
terms and conditions of the Bidding Document and subsequent
addendum/corrigendum (if any), issued by MSTC, without any deviation/
exception/ comments/ assumptions.
3. We have quoted the prices without any condition and deviation.
4. Terms and conditions if any, mentioned in our bid (Technical as well as
Price) shall not be recognized and shall be treated as null and void.
5. We are not under any 'liquidation', any 'court receivership' or similar
proceedings and 'bankruptcy'.
6. None of our partner / Director have been convicted in any disciplinary
proceedings / criminal case by regulatory authority (ies)/ court in
connection with professional work.
7. We have not been in negative list / blacklisted by any Public Sector
Undertaking / Government Organization / MSTC Limited.
8. The contents of this Tender have not been modified or altered by us. We
agree that if any noticed in future, our Bid may be rejected / terminated.
9. There is no conflict of interest for us carrying out this assignment.
10. We have gone through and understood the Bidding Document and that
our Bid has been prepared accordingly in compliance with the
requirement stipulated in the said documents.
We are submitting Master Index of Bidding Document as part of our Bid duly
signed and stamped on each page in token of our acceptance. We undertake
that Bidding Document shall be deemed to form part of our bid and in the
event of award of work to us, the same shall be considered for constitution of
Agreement. Further, we shall sign and stamp each page of the Bidding
Document as a token of Acceptance and as a part of the Contract in the event
of award of Contract to us.
Page 25 of 32
We further confirm that we have quoted our prices in electronic mode through
MSTC's e-tendering portal. We confirm that rate quoted by us includes price for
all services as mentioned in the Bidding Document.
Stamp and signature of bidder: __________________________
Name of bidder:__________________________
NOTE: To be stamped and signed by the authorized signatory on letterhead
of bidder.
Page 26 of 32
Form-D
Bidder's general information
1 Bidder Name:
_____________________________________________
2 Date of registration and number of years of operation:
_____________________________________________
3 Address of registered office:
_____________________________________________
_____________________________________________
_____________________________________________
4 Address of Local Office In Kolkata:
_____________________________________________
_____________________________________________
_____________________________________________
5 Telephone No. ____________________________________
6 E-mail address ____________________________________
7 Website ____________________________________
8 Fax number ____________________________________
9 ICAI firm registration number
and/ISO registration no. (if
any ) ____________________________________
10 GST Registration number ____________________________________
11 Permanent Account Number ____________________________________
(PAN)
Page 27 of 32
Stamp and signature of bidder: ____________________________
Name of authorized person: ____________________________
Note: The self-attested copies of documents at Sl. No. 2, 9, 10 and 11 to be
attached.
Page 28 of 32
Form-E
E-Payment Form
Bank account particulars
1 Bidder's name
2 Address of bidder
3 Particular of bank account
· Name of the bank
· Branch code
· Address of the bank branch
· Type of account (SB, Current, Credit)
· Account number
· Bank's IFSC code for RTGS/NEFT
I hereby declare that the particulars given above are correct and complete and
accord our consent for receiving payment through electronic mechanism. I also
undertake to intimate the changes, if any, in bank account details in future and MSTC
will not be held responsible for non-payment / delay due to above change in bank
details and also due to technical reasons beyond its control.
(_______________________)
Signature of the authorized signatory (ies) &
Designation
Place:
Date:
Official seal of the bidder
BANK CERTIFICATION
Certified that the particulars furnished above are correct as per our
records Bank's Stamp
Place:
Date:
Stamp & Signature of the authorized official of the bank
Page 29 of 32
Form F
PART-II : FINANCIAL BID
Schedule of rates
Name of Job/ services: Appointment of consultant for assessment,
identification & mitigation of Internal Financial Control Mechanism & Risk Control
Mechanism
Name of Organization: MSTC Limited, Kolkata
TENDER NO.:MSTC/IFC/2019-20/107 dated: 02/03/2020
Name of Bidder:
Sl. No. Description of Work Unit Amount
(In Rs.)
1. Lump sum price for job given at Lump Sump
Para 4 `Scope of Work'
(all inclusive) for the entire
contract period.
Total Rs. in words:
Note:
i. The above rates shall be exclusive of GST only
ii. For Travel/Stay outside Kolkata for training etc., arrangements shall be
made by MSTC, provided the firm is not having office at that place.
TA/DA will be paid at par with MSTC Officials (E7 for Partners, E6 for
qualified Assistants and E3 for unqualified)
Signature
Name of signatory
Designation of signatory
Official seal
Page 30 of 32
Form-G
(TO BE SUBMITTED ON BIDDER'S OWN LETTER HEAD)
Covering letter for submission of offers
From:
_______________________
_______________________
Our Ref: _______________________ Dated _______________________
SUBJECT: Appointment of consultant for assessment, identification
& mitigation of Internal Financial Control Mechanism & Risk
Control Mechanism
Dear Sir,
Please find herewith our offer in line with requirement of MSTC
Bidding document. We confirm that:
1 Offer is in complete compliance with technical as well as commercial
requirements of Bidding Document and there is no technical or
commercial deviation in the offer.
2 We understand that any technical or commercial deviation in the offer
shall render our offer liable for rejection.
3 Our offer shall remain valid for a period of 2 (Two) Months from the date
of opening of tender.
We declare that the statement made and the information provided in our
offer is true and correct in all respect. In case, it is found that the
information/ documents provided by us are incorrect/ false, our application
shall be rejected by MSTC without any reference to us.
Thanking you,
Yours sincerely,
(Signature of Authorized Person)
Full Name:
Designation:
Bidder's official Seal:
Page 31 of 32
Form-H
Letter of Authorization
(TO BE SUBMITTED ON BIDDER'S OWN LETTER HEAD)
To
MSTC Limited
SUBJECT: Appointment of consultant for assessment, identification &
mitigation of Internal Financial Control Mechanism & Risk Control
Mechanism.
Dear Sir,
We _____________________________________ hereby authorize following
representative(s) to sign all bid documents / attend Technical/ Price bid opening
against your Bidding Document No.NIT No. : MSTC/IFC/2019-20/107 dated:
02/03/2020
Name & Designation _______________________
Signature _________________
We confirm that we shall be bound by all commitments made by aforementioned
authorized representatives.
Yours faithfully,
Signature
Name & Designation
For and on behalf of
(Bidder)
NOTES:
a) This letter of authority should be on the letterhead of the bidder and
should be signed by a person competent and having the power of attorney
to bind the bidder.
b) Not more than one person is permitted to attend technical and price bid
opening.
c) Bidder's authorized executive is required to carry this authority letter
while attending the technical bid opening and price bid opening and submit
the same to MSTC. Representative should carry their id proof.
Page 32 of 32
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