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NOTICE INVITING TENDER

1. Tender No. & Date 1182 -FT dated 12.08.2016 2. Tender Version 1.0 3. Brief description of material Engagement of Transaction Advisor / Consultant for facilitating

transition to GST in Commercial Taxes Directorate, West Bengal

4. Bid Security Rs.1,00,000/- (Rupees One lakh only) in the form of Demand Draft from any Scheduled bank in favour of Secretary Finance, Govt. of West Bengal payable at Kolkata

5. Date and Time for submission of Pre-Bid Queries

16.08.2016 at 16.00 hrs The queries shall be submitted by e-mail in the format as provided in Section – F. Queries will be sent to Mr. Atanu Majumdar (sjc-isd.ctd-wb@wbcomtax.gov.in) Each Bidder shall send only one e-mail containing the Pre-Bid Queries, as per format. In case of more than one e-mail, only the queries provided in the first e-mail shall be considered.

6. Date & time of Pre-Bid Meeting 17.08.2016 at 11.00 hrs at Conference Hall (Room no- 1202, 12 th Floor, Nabanna, Mandirtala, Howrah) • Only two persons for each intending bidder’s organization will be

allowed to attend the Pre Bid Meeting. 7. Bid Submission Start date & time 18.08.2016 at 11.00.hrs. 8. Last date & time of Bid Security

& Tender submission 24.08.2016 at 15.00.hrs.

9. Contact Person Mr. Atanu Majumdar, Sr. Joint Commissioner of Commercial Tax, . Phone No:033- 71221087

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1. Intending bidder may also download the tender documents from the website http://wbfin.nic.in directly. Bid Security may be remitted through Demand Draft issued from any Scheduled Bank in favour of “ Secretary Finance, Govt. of West Bengal”, payable at Kolkata. The original Demand Draft against Bid Security should be submitted alongwith Financial Bid under separate sealed cover properly superscribed on or before 15:00 Hrs of 24.08.2016.

2. Financial Bid is to be submitted offline physically to Joint Secretary, Finance (Revenue), Room No-1208, 12 th Floor, Nabanna, Mandirtala, Howrah,711102.

3. Tender documents may be downloaded from website and submission of Financial Bid will be done as per Time Schedule stated in Section – C of this Tender Document/RFP.

4. The decision of the ‘Tender Committee’ will be final and absolute in this respect.

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CONTENTS OF THE TENDER DOCUMENT The Tender document/RFP comprises the following: SECTION – A INTRODUCTION & OBJECTIVE OF THE ASSIGNMENT

SECTION – B SCOPE OF WORK & DURATION OF THE ASSIGNMENT

SECTION – C DATE AND TIME SCHEDULE

SECTION – D INSTRUCTION TO BIDDER

SECTION – E PROFORMA FOR COVERING LETTER

SECTION – F FORMAT FOR PRE-BID MEETING QUERY

SECTION – G PROFORMA FOR PERFORMANCE BANK GUARANTEE

SECTION – H FINANCIAL/PRICE BID

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SECTION – A

INTRODUCTION & OBJECTIVE OF THE ASSIGNMENT

INTRODUCTION The Commercial Taxes Department (CTD) of Government of West Bengal (in short CTD) is the main revenue earning department of the State. The Taxation Department is headed by the Commissioner of Taxes and is under the administrative control of the Finance Department, Government of West Bengal. At present, the CTD, West Bengal administers the following nine (9) Acts:- i. The West Bengal Value Added Tax Act, 2003 ii. The West Bengal Sales Tax Act, 1994 iii. The Central Sales Tax Act, 1956 iv. The West Bengal State Tax on Profession, Trades, Callings and Employments Act, 1979 v. The West Bengal Primary Education Act, 1973. (for the limited purpose of Education Cess) vi. The West Bengal Rural Employment and Production Act, 1976 (for the limited purpose of Rural

Employment Cess) vii. The West Bengal Transport Infrastructure Development Fund Act, 2002 viii. The West Bengal Sales Tax (Settlement of Dispute) Act, 1999 ix. The West Bengal Tax on Entry of Goods in Local Areas Act , 2012 The total revenue collected by CTD in 2015-16 was Rs. 26337.10 Crores of which Rs. 17285.91Crores was from VAT, Rs. 1899.39 was from CST and the remaining from the other Acts administered by the CTD. Institutional Structure of Commercial Tax Dept: The organisational strength of the Directorate is as under:

Designation Sanctioned strength Men in position 2015-16 Vacancy

Commissioner of Commercial Tax 1 1 Nil

Commissioner of Profession Tax

1 1 Nil

Special Commissioner 14 (Including one IAS Cadre)

9 5

Addl. Commissioner 42 37 5

Senior Joint Commissioner

1105

108

103 Joint Commissioner 179

Deputy Commissioner 134

Commercial Tax Officer 581

Senior Joint Commissioner (Accounts)

3 3 Nil

Senior Joint Commissioner(Audit)

3 3 Nil

System Analyst 1 1 Nil

Programmer 1 1 Nil

Assistant Commercial Tax Officer

1220 1023 197

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P.A. to Commissioner 2 2 Nil

P.A. to S.O. B.I. 1 1 Nil

Administrative Officer 4 4 Nil

P.A. Grade II (schedule B) 17 7 10

Group ‘B’ & ‘C’ staff 1888 956 932

Group ‘D’ Staff 1437 548 889

Total 5740 3599 2141

On-Going IT Reform Initiatives & IT Systems for GST: The Directorate has a robust IT system which is maintained by Directorate through the assistance of NIC, WTL and SIs appointed. The IT system is situated in the State Data Centre at Salt Lake and is connected through State MPLS and leased lines. All the business processes of the Directorate are already computerised and services are mostly provided to the taxpayers through the Web Portal of the Directorate (www.wbcomtax.gov.in). The Directorate is in a position to accept the transition to GST. However, there are some challenges in doing so as the Directorate has to closely integrate with the GSTN system for its day-to-day business and has to manage change of its software (IMPACT) for internal processing to accommodate the interaction with the GSTN system. Institutional Challenges: With the introduction of the GST regime there would be a requirement to align the structure of the Directorate. This may necessitate structural re-organization of the Directorate. Human resources would require training and skills upgradation, while at the same time recognizing that VAT shall continue to co-exist for commodities that are not included in the GST regime of taxation. OBJECTIVE OF THE ASSIGNMENT

In order to address the above issues/challenges the Directorate wishes to engage the services of a Transaction Advisor to carry out the following activities: ● Drafting of the SGST Act ● Reorganisation of concerned directorate including estimating the manpower and nomenclature, Prepare the manual for the various business processes; ● Aspects of IT preparedness, business processes relating to registration, returns, payments and refunds as also interaction with the GSTN as also the back-end processes of GST in the State ● Training of the Officials and staff in GST related matters including in the relevant aspects of IT interfaces ● Other transitional issues involved for moving from VAT etc to GST ● Induction of concerned officers etc of Directorate of Agricultural Income Tax looking into luxury tax and amusement tax to be subsumed in GST into the Directorate of Commercial Taxes ● Reorganisation of Ranges and Check posts ● Extensive orientation and training on taxation related to services ● Engaging with the stakeholders like Industry, Chambers, the trade bodies etc and training them on GST matters

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SECTION – B

SCOPE OF WORK & DURATION OF THE ASSIGNMENT Selected Transaction Advisor to carry out the following activities:

• Drafting of the SGST Act; � Model law would be suggested by the Empowered Committee of state finance

ministers. The TA will assist in adoption/customisation of this for the state of West Bengal. A group of Commercial Tax Directorate officials will be assigned to work on this and TA will help/guide them.

• Reorganisation of concerned directorate including estimating the manpower and nomenclature,

Prepare the manual for the various business processes; � The TA will assist in reorganisation of concerned directorate including estimating

the manpower and nomenclature for the state of West Bengal. TA will prepare the manual for the various business processes listing the detailed steps and suggested timelines. A group of Commercial Tax Directorate officials will be assigned to work on this and TA will help/guide them.

• Aspects of IT preparedness, business processes relating to registration, returns, payments and

refunds as also interaction with the GSTN as also the back-end processes of GST in the State; � GSTN is already working on this and are suggesting steps required to be taken for

this. The draft business process has also been worked out by a team of CCTs and CBEC officials under the guidance of the Empowered Committee of state finance ministers. The TA will assist in adoption / customisation of this for the state of West Bengal. A group of Commercial Tax Directorate officials will be assigned to work on this and TA will help/guide them.

• Training of the Officials and staff in GST related matters including in the relevant aspects of IT

interfaces; � A team of master trainer is already being developed by Government. These master

trainers will train the resource persons for imparting intensive training to each official. The training resource has already been developed that will need tweaking as and when there are progress and legal changes. The TA will assist in adoption/customisation of this for the state of West Bengal. A group of Commercial Tax Directorate officials will be assigned to work on this and TA will help/guide them.

• Other transitional issues involved for moving from VAT etc to GST;

� Various kinds of transition issues will arise related to the carry forward or not of Input Tax Credit (ITC) post GST roll out, treatment of stock changing category from taxable to exempt and vice versa. The chapter on transitional provision in the draft model law has addressed some of them. There will be many more such issues. To illustrate a few: treatment of remissions, incentives, CVN etc. The TA will assist in adoption/customisation of this for the state of West Bengal. A group of Commercial Tax Directorate officials will be assigned to work on this and TA will help/guide them.

• Induction of concerned officers etc of Directorate of Agricultural Income Tax looking into luxury

tax and amusement tax to be subsumed in GST into the Directorate of Commercial Taxes; � Concerned officers handling taxes that are subsumed in GST but are not presently

being handled by the CTD, will need to be inducted into the CTD. The TA will assist in adoption/customisation of this for the state of West Bengal. A group of Commercial Tax Directorate officials will be assigned to work on this and TA will help/guide them.

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• Reorganisation of Ranges and Check posts; � With the phasing out of CST Act for Goods and Services covered under GST, the

roles of Ranges and Check posts will need to change. The related forms of CST Act will not be applicable. The TA will assist in adoption/customisation of this for the state of West Bengal. A group of Commercial Tax Directorate officials will be assigned to work on this and TA will help/guide them.

• Extensive orientation and training on taxation related to services; and

� The CTD officials will be exposed to the services for the first time and will need extensive orientation and training on taxation related to services. The TA will assist in adoption/customisation of this for the state of West Bengal. A group of Commercial Tax Directorate officials will be assigned to work on this and TA will help/guide them.

• Engaging with the stakeholders like Industry, Chambers, the trade bodies etc and training them

on GST matters. � The stakeholders like Industry, Chambers, the trade bodies etc will have to be

gainfully engaged to ensure that the new GST system being rolled out is transparent and friendly to the compliant taxpayers with minimum cost of transaction. It should at the same time dis-incentivise the evasion and maximise states’ revenue. The TA will assist in adoption/customisation of this including training them on GST matters for the state of West Bengal. A group of Commercial Tax Directorate officials will be assigned to work on this and TA will help/guide them.

DURATION OF THE ASSIGNMENT The entire activity as listed above by the Transaction Advisor will be carried out over a period of 52 weeks from the commissioning of the contract (T).

Sl. No.

Deliverables Expected date of delivery

1 Draft SGST Act and Rules T+12 weeks 2 Report on reorganisation of the Directorate including

Ranges and Check-posts T+16 weeks

3 Handholding support during reorganisation of the Directorate including Ranges and Check-posts

T + 52 weeks

4 Handholding support during Induction of officers from other Directorates viz. Agricultural Income etc.

T + 52 weeks

5 Roadmap for IT preparedness T+12 weeks 6 Training needs assessment and capacity building report for

all the officers of the Directorate including induction of AI Tax officers

T+18 weeks

7 Training and orientation workshops T+18 to T+52 weeks 8 GST awareness workshop, stakeholder communication,

workshops and provide support for technical content development for publicity through print and electronic media.

T+12 weeks

9 Report on Transitional Issues and their mitigation strategy T+10 weeks 10 Implementation of all transitional issues involved T + 52 weeks 11 Closure Report T + 52 weeks

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Educational Qualifications, Experience and Role of Technical Professionals All the degrees/diplomas should be pursued through course of a government recognized university/institution and all the technical persons should have requisite experience to carry out the project work. All the technical persons will be stationed at the Commercial Taxes Department including visits to field offices for the whole project lifecycle.

Minimum Qualification requirements for Man power

a. Project Manager The minimum qualifications required are:

o Should have a graduation degree in Engineering (B.E) / MCA with post-graduate qualifications in Management.

o Should have a minimum of 10 years’ experience in IT with minimum 6 years in Project Management.

o Should have a PMI/ITIL/ six sigma or equivalent (desirable) or project management experience of handling a team of at least 20 persons for minimum of 4 years.

o Should be proficient in English & Bengali language o Should have overall knowledge about Networking, System, Data center and development.

b. Business process re-engineering expert The minimum qualifications required are:

o Should have a B.E/B.Tech/MCA

o Certification like SAP, ITIL, Six Sigma or equivalent (desirable)

o Minimum 8 years of experience of leading a team of at least 6 programmers for minimum of 4

years.

o Should be proficient in English & Bengali language.

○ Should have knowledge of Programming language PHP , CakePHP , Drupal or J2ee / Spring MVC , Life Ray or any other open source platform.

o MBA Or Equivalent / CA with 5-7 years of relevant work experience with minimum 3 years’

experience in Business Process Re-engineering and minimum 3 years of experience in

engagements related to VAT/ TINXSYS/ Income Tax/ CENVAT / Customs / Service Tax/GST

in India or abroad.

c. Tax Policy Manager:

The minimum qualifications required are: o MBA/Post Graduate in Economics/Law Or Equivalent / CA with 10 years of relevant work

experience of which a minimum 3 years’ experience in providing consultancy on indirect tax administration/functional assessments/tax audits and 3 years in research/ impact assessment on Tax policy.

d. Database Expert The minimum qualifications required are: o Should have BE/B.Tech. /MCA or equivalent o Should have a minimum of 5 years’ experience as DBA. o Should have good knowledge of Postgers , MySQL or any other open source platform. o Should be proficient at English & Bengali language

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e. Human Resources: o MBA or Equivalent with 15 years of work experience in Skills Mapping/Assessment, HR

policies, job specifications in the Public Sector/Government and preparing training strategies.

f. Senior Consultant – Services Taxation/Legal: o Law Graduate or CA equivalent with 15 to 20 years of relevant work experience in

administering Services taxation/assessment/audit and drafting tax rules, and amendments related to VAT/ CENVAT / Customs / Service Tax/GST in India or abroad.

○

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SECTION – C

DATE AND TIME SCHEDULE

Sl. No. Particulars Date & Time 1 Date of uploading of Documents (online)

12.08.2016 & 12.00 hrs

3 Last Date and time of sending the queries (Online) 16.08.2016 & 16.00 hrs

4 Pre Bid Meeting at FINANCE DEPARTMENT, GOWB Office (Off Line)

17.08.2016 & 11.00 hrs

5 Corrigendum, if any will be published (On Line)

17.08.2016 & 11.00 hrs

6 Bid Submission start date & time (Offline) 18.08.2016 & 11.00 hrs 7 Bid Submission closing date & time (Offline)

24.08.2016 & 15.00 hrs

8 Date for opening of Financial Bid (Offline) 24.08.2016 & 16.00 hrs

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SECTION – D

INSTRUCTION TO BIDDER

1. DEFINITIONS In this document, the following terms shall have following respective meanings: “Agreement" means the Agreement to be signed between the successful bidder and Directorate of Commercial Taxes including all attachments, appendices, all documents incorporated by reference thereto together with any subsequent modifications, the RFP, the bid offer, the acceptance and all related correspondences, clarifications, presentations. “Bidder” means any firm/company offering the solution(s), service(s) and /or materials required in the RFP. The word Bidder when used in the pre award period shall be synonymous with Bidder, and when used after award of the Contract shall mean the successful Bidder with whom Directorate of Commercial Taxes signs the agreement for Transaction Advisor and render services for the systems. “Contract” is used synonymously with Agreement. “Contract Price” means the price to be paid to the Transaction Advisor/Consultant for providing the Solution, in accordance with the payment terms. “Consultant/Transaction Advisor” means the Bidder whose bid to perform the Contract/assignment has been accepted by Tender Committee and is named as such in the Letter of Award. “Default Notice” shall mean the written notice of Default of the Agreement issued by one Party to the other. “Fraudulent Practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a Contract and includes collusive practice among Bidders (prior to or after Bid submission) designed to establish Bid prices at artificial noncompetitive levels and to deprive the Directorate of Commercial Taxes and eventually Gov. of W. Bengal of the benefits of free and open competition. “Good Industry Practice” shall mean the exercise of that degree of skill, diligence and prudence which would reasonably and ordinarily be expected from a reasonably skilled and experienced Professional engaged in the same type of undertaking under the same or similar circumstances. “Government” / “Govt. of W. Bengal” means the Government of West Bengal. “GoI” shall stand for the Government of India. “GoWB” means Government of West Bengal “GST” means Goods and Service Tax “Personnel” means persons employed by the Bidder as employees and assigned to the performance of the Infrastructure Solution or any part thereof. “Performance Bank Guarantee” means the Bank guarantee from any scheduled Bank in favour of Secretary Finance, Govt. of West Bengal payable in Kolkata “Project” means Engagement of Transaction Advisor / Consultant for facilitating transition to GST in Commercial Taxes Directorate, West Bengal “ Implementation Period” shall mean the period from the date of signing of the Agreement and up to the acceptance of Final Closure Report for the project.

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"Law" shall mean any Act, notification, bye law, rules and regulations, directive, ordinance, order or instruction having the force of law enacted or issued by the Central Government and/or the Government of West Bengal or any other Government or regulatory authority or political subdivision of government agency. “LOA” means issuing of Letter of Award and shall constitute the intention of the FINANCE DEPARTMENT, GOWB/DIRECTORATE OF COMMERCIAL TAXES, GOWB to assign work Order with the successful bidder. "Operator" means the company/ firm providing the services under Agreement. “Requirements” shall mean and include schedules, details, description, statement of technical data, performance characteristics, standards (Indian as well as International) as applicable and specified in the Contract. “Service" means provision of Contracted service and associated services as per Section titled “Scope of Work” “Termination Notice ” means the written notice of termination of the Agreement issued by FINANCE DEPARTMENT, GOWB. 2. PRE BID MEETING

Pre Bid Meeting will be held on 17.08.2016 at 11.00 hrs at Conference Room of FINANCE DEPARTMENT, GOWB. Bidder can send their queries through e-mail as per format (Section - F) to Sr. Joint Commissioner of Commercial Taxes, (7122-1087). Only the queries received within the stipulated date and time prior to the Pre Bid Meeting will be answered.

3. BID DOCUMENT

Bidder is expected to examine all instructions, forms, terms and requirement in the bid document. The invitation to bid together with all its attachment thereto shall be considered to be read, understood and accepted by the bidder. Failure to furnish all information required by the bid document or a bid not substantially responsive to the bid document in every respect may result cancellation of the bid.

4. AMENDMENT OF BID DOCUMENT

At any time prior to the deadline for submission of proposals, FINANCE DEPARTMENT, GOWB reserves the right to add/modify/delete any portion of this document by issuance of an Corrigendum, which would be published on the website and will also be made available to the all the Bidders who have been issued the tender document. The Corrigendum shall be binding on all bidders and will form part of the bid documents.

5. MODIFICATION AND WITHDRAWAL OF BIDS

The bidder may modify or withdraw its bid after submission, if written notice of the modification or withdrawal is received by FINANCE DEPARTMENT, GOWB before the deadline prescribed for bid submission. The bidder’s modification shall be prepared, sealed, marked and dispatched as follows:

• The bidders shall provide in original of any modification to its bid, clearly identified as such, in

separate envelope duly marked “Bid Modification”. The envelope shall be duly marked “Bid Modifications”.

• Other provisions concerning the marking and dispatch of bid modification shall be in accordance with the bid.

• A bidder wishing to withdraw its bid shall notify FINANCE DEPARTMENT, GOWB in writing prior to the deadline prescribed for the bid submission. A withdrawal notice may be sent by the telefax/email followed by post confirmation post marked not later than the deadline for submission of bids. The notice of withdrawal shall be addressed to Jt. Secretary, Finance (Revenue) FINANCE

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DEPARTMENT, GOWB at the address as mentioned/stated in the documents, bear the tender reference number and the words “Bid Withdrawal Notice”.

• Bid Withdrawal Notice received after the bid submission deadline will be ignored and the submitted bid will be deemed to be a validly submitted bid. No bid may be withdrawn in the interval between the bid submission deadline and the expiration of the bid validity period specified in the RFP. Withdrawal of the bid during this interval shall result in the bidder’s forfeiture of its Bid Security, pursuant to this RFP.

6. LANGUAGE OF BID & CORRESPONDENCE

The Bid will be prepared by the Bidder in English language only. All the documents relating to the proposal supplied by the firm should also be in English, and the correspondence between the Bidder & FINANCE DEPARTMENT, GOWB will be in English language only. The correspondence by fax/E-mail must be subsequently confirmed by a duly signed formal copy.

7. BIDDER’S SOLUTION

The bidders are requested to study the Scope of Work with this document carefully. While working out the solution the bidder has to work with the “Scope of Work” provided in the tender documents. While submitting the bid the bidder has to detail out all components needed to complete the system. The bidder is required, however, to quote as a whole for the assignment covered in the scope of work.

8. BID SECURITY

The firm shall furnish a Bid Security of Rs.1,00,000/- (Rupees One Lakh only) in the form of a demand draft from a Scheduled Bank payable at Kolkata in favour of Secretary Finance, Govt. of West Bengal. Any bid not accompanied with the Bid security shall be rejected. The validity of Bid Security instrument will be initially 3 months, have to extend, if required. Bid security will be refunded to unsuccessful Bidders without any interest. Bid security of successful Bidder may be adjusted with the Performance guarantee or refunded without any interest.

9. FORFEITURE OF BID SECURITY/PERFORMANCE BANK GUARANT EE

Bid Security/Performance Guarantee provided by Bidder may be forfeited under the following conditions:

• If Bidder withdraws the proposal before the expiry of validity period.

• During the evaluation process, if a Bidder indulges in any such activity as would jeopardize the

process, the decision of FINANCE DEPARTMENT, GOWB regarding forfeiture of Bid security shall be final and shall not be called upon question under any circumstances.

• If Bidder violates any of the provisions of the terms and conditions of the proposal.

• In the case of a successful Bidder, if Bidder fails to:

a) Accept the work order along with the terms and conditions. b) Furnish performance security. c) Violates any of the work conditions of this proposal or indulges in any such activities as

would jeopardize the work. d) Submitting false/misleading information/declaration/documents/proof/etc.

The decision of FINANCE DEPARTMENT, GOWB regarding forfeiture of Bid Security/Performance Guarantee shall be final and shall not be called upon to question under any circumstances, besides, in case of forfeiture of Bid Security/Performance Guarantee even the Bidder will be deferred from participating in any job for a period of one year.

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10. FORMS AND FORMATS The Financial Bids are to be submitted in the format specified. The bidder shall use the forms, wherever specified, to provide relevant information. If form does not provide space for any required information, space at the end of the form or additional sheets shall be used to convey the said information.

11. LACK OF INFORMATION TO BIDDER

The bidder shall be deemed to have carefully examined the Bid document to his entire satisfaction. Any lack of information shall not relieve the bidder of his responsibility to fulfill his obligation under the bid. If bidder has any queries relating to bid document then he can send the queries before the Pre Bid Meeting.

12. CONTRACT EXECUTION

On receipt of the Letter of Award/Order the Consultant/Transaction Advisor should submit a Performance Bank Guarantee (PBG) equivalent to 10% of the total contract value within one week from the date of receipt of Letter of Award/Order. The PBG should be valid for six month more than the service period. All delivery of services will have to be completed as per the time schedule from the date of acceptance of contract and the Consultant/Transaction Advisor has to ensure all activities leading to the work of the contract to be completed as stipulated from the date of award. Subsequent to the award of contract, the Consultant/Transaction Advisor will have to arrange for the requisite work as per scope.

13. TIME SCHEDULE FOR SCOPE OF WORK & RESPONSIBILITY

Scope of Work defined in Section - B 14. LIQUIDATED DAMAGE

The job includes the deliverables mentioned in the tender document. In the event of failure to meet the job completion in stipulated date/time liquidated damage may be imposed on the Consultant/Transaction Advisor for sum not less than 0.5% of the contract value for that Stage, for each week or part thereof, subject to a ceiling of 10% of the total contract value (including all taxes & duties and other charges). In the event of LD exceeds 10% of the order value, FINANCE DEPARTMENT, GOWB reserves the right to terminate the contract and FINANCE DEPARTMENT, GOWB will get the job completed by any other competent party. The difference of cost incurred by FINANCE DEPARTMENT, GOWB will be recovered from the Consultant/Transaction Advisor.

15. SUSPENSION OF WORK

FINANCE DEPARTMENT, GOWB shall have the power at any time and from time to time by notice to the Consultant/Transaction Advisor to delay or suspend the progress of the work or any part of the work due to any other adequate reasons and on receipt of such notice the Consultant/Transaction Advisor shall forthwith suspend further progress of the work until further notice from FINANCE DEPARTMENT, GOWB. The Consultant/Transaction Advisor shall recommence work immediately after receiving a notice to do so from FINANCE DEPARTMENT, GOWB. The whole or any part of the time lost for such delay or suspension shall, if FINANCE DEPARTMENT, GOWB in its absolute discretion thinks fit, but not otherwise, be added to the time allowed for completion.

16. TERMS OF PAYMENT

Sl. No.

Deliverables Payment timings Percentage (%) of payment

1 Report on Transitional Issues and their mitigation strategy

T* + 10 weeks 10 %

2 Draft SGST Act and Rules T + 12 weeks 20 % 3 Roadmap for IT preparedness 4 GST awareness workshop, stakeholder

communication, workshops and provide support for technical content development for publicity through print and electronic media.

5 Report on reorganisation of the Directorate including Ranges and Check-posts

T +16 weeks 10 %

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Training needs assessment and capacity building report for all the officers of the Directorate including induction of AI Tax officers Handholding support during reorganisation of the Directorate including Ranges and Check-posts Handholding support during Induction of officers from other Directorates viz. Agricultural Income etc.

T+ 19 to T + 52 weeks

30 % in equal quarterly payment

7 Training and orientation workshops T + 52 weeks Balance 30 % 8 Implementation of all transitional issues

involved 9 Closure Report

* Date of awarding the project 17. LIABILITY

In case of a default on bidder’s part or other liability, FINANCE DEPARTMENT, GOWB shall be entitled to recover damages from the Consultant/Transaction Advisor. In each such instance, regardless of the basis on which FINANCE DEPARTMENT, GOWB is entitled to claim damages from the Consultant/Transaction Advisor (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), Consultant/Transaction Advisor shall, however, be liable for no more than: • Payment referred to in the Patents and Copyrights clause. • Liability for bodily injury (including death) or damage to real property and tangible personal

property limited to that cause by the Consultant/Transaction Advisor’s negligence. • As to any other actual damage arising in any situation involving nonperformance by

Consultant/Transaction Advisor pursuant to or in any way related to the subject of this Agreement, the charge paid by FINANCE DEPARTMENT, GOWB for the individual product or Service that is the subject of the Claim. However, the Consultant/Transaction Advisor shall not be liable for any indirect, consequential loss or damage, lost profits, third party loss or damage to property or loss of or damage to data.

• For any direct loss or damage that exceeds the total payment for Contract Price made or expected to be made to the Consultant/Transaction Advisor hereunder.

18. PATENTS & COPYRIGHT

If a third party claims that a product delivered by the Consultant/Transaction Advisor to FINANCE DEPARTMENT, GOWB infringes that party’s patent or copyright, the Consultant/Transaction Advisor shall defend FINANCE DEPARTMENT, GOWB against that claim at Consultant/Transaction Advisor’s expense and pay all costs, damages, and attorney’s fees that a court finally awards or that are included in a settlement approved by the Consultant/Transaction Advisor, provided that FINANCE DEPARTMENT, GOWB. • Promptly notifies Consultant/Transaction Advisor in writing of the claim • Allows Consultant/Transaction Advisor to control and co-operate with Consultant/Transaction

Advisor in the defense and any related settlement negotiations. 19. GOVERNING LAWS

This contract shall be governed by and interpreted in accordance with Laws in force in India. The courts at Kolkata shall have exclusive jurisdiction in all matters arising under the contract. The Consultant/Transaction Advisor shall keep himself fully informed of all current national, state and municipal law and ordinances. The Consultant/Transaction Advisor shall at their own expense, obtain all necessary permits and license and pay all fees and taxes required by law. These will be Consultant/Transaction Advisor’s entire obligation regarding any claim of infringement.

20. CORRUPT OR FRAUDULENT PRATICES

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The Tender Committee requires that the bidders under this Tender observe the highest standards of ethics during the procurement and execution of such contracts. For this purpose the definition of corrupt and fraudulent practices will follow the provisions of the relevant laws in force. The Tender Committee will reject a proposal for award if it detects that the bidder has engaged in corrupt or fraudulent practices in competing for the contract in question. The Tender Committee will declare a firm ineligible, either indefinitely or for a stated period of time, if it at any time determines that the firm has engaged in corrupt and fraudulent practices in competing for, or in executing, a contract.

21. BINDING CLAUSE

All decisions taken by the Tender Committee regarding the processing of this tender and award of contract shall be final and binding on all parties concerned. The Tender Committee reserves the right: • To vary, modify, revise, amend or change any of the terms and conditions mentioned above and, • To reject any or all the Tender/s without assigning any reason whatsoever thereof or to annul the

bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected bidder(s) or any obligation to inform the affected bidder(s) of the grounds for such decision.

22. WORKMEN’S COMPENSATION

In every case in which by virtue of the provision of the workmen’s compensation Act 1923 or any other relevant acts and rules, compensation to a workmen employed by the Consultant/Transaction Advisor, is payable, then this should be done by the Consultant/Transaction Advisor. If FINANCE DEPARTMENT, GOWB is obliged to make any compensation under the said rules and acts, then the amount shall be recovered without prejudice, from the bills and due of the Consultant/Transaction Advisor. FINANCE DEPARTMENT, GOWB shall not be bound to contest any claim made against the Consultant/Transaction Advisor in respect of workmen’s compensation.

23. CONSULTANT/TRANSACTION ADVISOR’S EMPLOYEES

The Consultant/Transaction Advisor shall comply with the provision of all labour legislation including the requirement of the payment of Wage Act 1936 and the rules framed there under and modifications thereof in respect of men employed by him in carrying out the contract. The Consultant/Transaction Advisor must ensure that he complies with PF, ESI regulation for all his deployed employees.

24. SAFETY MEASURES

The Consultant/Transaction Advisor shall in the course of execution of the work take all necessary precaution for the protection of all persons and property. The Consultant/Transaction Advisor shall take adequate measures to protect the work and prevent accident during the work. In the event of any accident to any person or persons or damage or injury of any description to any person or property due to failure on the part of the Consultant/Transaction Advisor in taking proper precautionary measures the Consultant/Transaction Advisor shall be responsible for and must make good the loss the damage at his own cost to the satisfaction of the department and employees of the department shall be indemnified from all claims or liabilities arising there from or any expenses incurred on account thereof.

25. EQUIPMENT

All equipment necessary for the work shall have to be procured by the Consultant/Transaction Advisor unless otherwise specified elsewhere in these tender documents. The equipment used by the Consultant/Transaction Advisor for a particular work must be appropriate for the type of work. The Consultant/Transaction Advisor shall maintain the equipment used on the work properly so that they are in good working condition. In no case shall the Consultant/Transaction Advisor use defective or imperfect equipment in the work. The Consultant/Transaction Advisor shall arrange to replace or repair all defective equipment so that the progress of the work is not hampered. No defective equipment should be left at the site of work and the department shall not be responsible for any loss or damage to any of these equipment during the course of the execution of the work.

26. SUB-CONTRACT

The WB, FINANCE DEPTT. does not recognize the existence of Sub-Consultant/Transaction Advisors. The Consultant/Transaction Advisor’s responsibility is not transferable.

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27. TERMINATION FOR DEFAULT

FINANCE DEPARTMENT, GOWB may without prejudice to any other remedy or right of claim for breach of contract by giving not less than 30 days written notice of default sent to the Consultant/Transaction Advisor, terminate the order in whole or in part. If the Consultant/Transaction Advisor materially fails to render any or all the services within the time period specified in the contract or any extension thereof granted by FINANCE DEPARTMENT, GOWB in writing and fails to remedy its failure within a period of thirty days after receipt of default notice from FINANCE DEPARTMENT, GOWB. In such case FINANCE DEPARTMENT, GOWB will invoke the amount held back from the Consultant/Transaction Advisor as PBG.

28. FORCE MAJEURE

It is hereby defined as any cause, which is beyond the control of the Consultant/Transaction Advisor or FINANCE DEPARTMENT, GOWB as the case may be, which such party could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affect the performance of the contract, such as • War, Hostilities or warlike operations (whether a state of war be declared or not), invasion, act of

foreign enemy and civil war. • Rebellion, revolution, insurrection, mutiny, usurpation of civil or military, government, conspiracy,

riot, civil commotion and terrorist area. • Confiscation, nationalization, mobilization, commandeering or requisition by or under the order of

any government or de facto authority or ruler, or any other act or failure to act of any local state or national government authority.

• Strike, sabotage, lockout, embargo, import restriction, port congestion, lack of usual means of public transportation and communication, industrial dispute, shipwreck, shortage of power supply epidemics, quarantine and plague.

• Earthquake, landslide, volcanic activity, fire flood or inundation, tidal wave, typhoon or cyclone, hurricane, nuclear and pressure waves or other natural or physical disaster.

If either party is prevented, hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances of the event of Force Majeure within fourteen days after the occurrence of such event. The party who has given such notice shall be excused from the performance or punctual performance of its obligations under the Contract for so long as the relevant event of Force Majeure continues and to the extent that such party’s performance is prevented, hindered or delayed. The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect of the event of Force Majeure upto its or their performance of the Contract and to fulfill its or their obligation under the Contract but without prejudice to either party’s right to terminate the Contract. No delay or nonperformance by either party to this Contract caused by the occurrence of any event of Force Majeure shall.

• Constitute a default or breach of the contract. • Give rise to any claim fro damages or additional cost or expense occurred by the delay or

nonperformance. If, and to the extent, that such delay or nonperformance is caused by the occurrence of an event of Force Majeure.

29. INSURANCE COVERAGE

Appropriate insurance to cover all solution components for the transit period and until the time of its acceptance at the respective site is to be taken by the Consultant/Transaction Advisor. As the Consultant will carry the risk for the material in his books during transit, the Consultant should arrange insurance for the total system as period from the dispatch till Acceptance Test is successfully achieved. Further the Consultant is to take all required insurance coverage in respect of all its personnel who shall be working on this engagement.

30. PERFORMANCE BANK GUARANTEE (PBG)

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As a guarantee for timely completion of job as per the scope with deployment of professionals with requisite qualification and experience as well as performance of service provided, as mentioned in Section -B, within one week from the date of final acceptance of letter of award, the bidder will have to submit 10% of the contract value as security in the form of Performance Bank Guarantee from any nationalized/scheduled bank as per format enclosed (Section – G).

31. NO WAIVER OF RIGHTS

Neither the inspection by FINANCE DEPARTMENT, GOWB or any of their agents nor any order by FINANCE DEPARTMENT, GOWB for payment of money or any payment for or acceptance of the whole or any part of the works by FINANCE DEPARTMENT, GOWB, nor any extension of time, nor any possession taken by FINANCE DEPARTMENT, GOWB shall operate as a waiver of any provision of the contract or of any power reserved to FINANCE DEPARTMENT, GOWB, or any right to damages here in provided, nor shall any waiver of any breach in the contract be held to be a waiver of any other subsequent breach.

32. GRAFTS, COMMISSIONS, GIFTS, ETC.

It is the WB, FINANCE DEPTT.’s policy to require that bidders, under contracts, observe the highest standard of ethics during the procurement and execution of such contracts. Any graft, commission, gift or advantage given, promised or offered by or on behalf of the Consultant or his partner, agent, officers, director, employee or servant or any one on his or their behalf in relation to the obtaining or to the execution of this or any other contract with FINANCE DEPARTMENT, GOWB shall in addition to any criminal liability which it may incur, subject to the cancellation of this and all other contracts and also to payment of any loss or damage to FINANCE DEPARTMENT, GOWB resulting from any cancellation. FINANCE DEPARTMENT, GOWB shall then be entitled to deduct the amount so payable from any monies otherwise due to the Consultant under contract.

33. ENFORCEMENT OF TERMS

The failure of either party to enforce at any time any of the provision of this contract or any rights in respect thereto or to exercise any option here in provided shall in no way be construed to be a waiver to such provisions, rights or options or in any way to affect the validity of the contract. The exercise by either party of any of its rights herein shall not preclude or prejudice either party from exercising the same or any other right it may have hereunder.

34. PERIOD OF VALIDITY OF OFFER

For the purpose of placing the order, the proposals shall remain valid till 180 days from date of bid submission. During the period of validity of proposals, the rates quoted shall not change. In exceptional circumstances, FINANCE DEPARTMENT, GOWB may ask for extension of the period of validity and such a request shall be binding on Bidders. FINANCE DEPARTMENT, GOWB’s request and the response to such a request by various Bidders shall be in writing. A Bidder agreeing to such an extension will not be permitted to increase its rates.

35. TAXES & DUTIES

• The prices shall be inclusive of all taxes & levies including Service Tax. • For the purpose of the Contract, it is agreed that Contract Price specified in Price/Financial Bid, is

based on the taxes & duties and charges prevailing on bid submission date or any future amendments thereof, whatsoever.

• Deduction of all statutory and necessary Tax from each bill will be made as per Government Order prevailing at the time of payment. Necessary tax deduction certificate will be issued on demand by the Company.

36. DISCREPANCIES IN BID

• Discrepancy between description in words and figures, the rate which corresponds to the words quoted by the bidder shall be taken as correct.

• Discrepancy in the amount quoted by the bidder due to calculation mistake of the unit rate, f any, then the unit rate shall be regarded as firm.

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• Discrepancy in totaling or carry forward in the amount quoted by the bidder shall be corrected. 37. BID DUE DATE

The tender shall be submitted not later than the due date and time specified in the Important Dates Sheet. FINANCE DEPARTMENT, GOWB may at its sole discretion on giving reasonable notice by fax, or any other written communication to all prospective bidders who have been issued the bid documents, extend the bid due date, in which case all rights and obligations of the FINANCE DEPARTMENT, GOWB and the bidders, previously subject to the bid due date, shall thereafter be subject to the new bid due date as extended.

38. LATE BID

Any proposal received after the deadline for submission of proposals shall not be accepted. 39. OPENING OF BID BY FINANCE DEPARTMENT, GOWB

Bids shall be opened in the presence of Tender Committee and Bidder’s representative who choose to be present. The bidder’s representatives who are present shall sign a register evidencing their attendance and produce necessary authorization. The bidder’s name, Bid modifications or withdrawals, discounts and the presence or absence of relevant Bid Security and such other details as FINANCE DEPARTMENT, GOWB office at their discretion, may consider appropriate, shall be announced at the opening. FINANCE DEPARTMENT, GOWB shall open the bid security at mentioned time.

40. CONTACTING FINANCE DEPARTMENT, GOWB

Bidder shall not approach FINANCE DEPARTMENT, GOWB officers beyond office hours and/or outside FINANCE DEPARTMENT, GOWB office premises from the time of the Bid opening to the time of finalization of successful bidder. Any effort by bidder to influence FINANCE DEPARTMENT, GOWB office in the decision on Bid evaluation, Bid comparison or finalization may result in rejection of the Bidder’s offer. If the bidder wishes to bring additional information to the notice of FINANCE DEPARTMENT, GOWB, it should be in writing.

41 FINANCE DEPARTMENT, GOWB’S RIGHT TO REJECT ANY OR A LL BIDS

FINANCE DEPARTMENT, GOWB reserves the right to reject any bid and to annul the bidding process and reject all bids at any time prior to award of Contract, without thereby incurring any liability to the affected bidder(s) or any obligation to inform the affected bidder(s) of the grounds for such decision.

41. BID CURRENCIES

Prices shall be quoted in Indian Rupees, inclusive of all prevailing taxes, levies, duties, cess etc. 43. PRICE

• Price should be quoted in the prescribed format only. No deviation is acceptable. • Price to be quoted inclusive of all charges (Boarding, Lodging, Travelling, Out of pocket expenses

etc). However, in case of outstation travel 2 Ac/Air fare in economy class, accommodation in circuit houses and local transport will be provided, subject to availability.

44. CANVASSING

Canvassing or support in any form for the acceptance of any tender is strictly prohibited. Any bidder doing so will render him liable to penalties, which may include removal of his name from the register of approved Consultants.

45. NON-TRANSFERABILITY OF TENDER

This tender document is not transferable. Only the bidder, who has been mailed this tender form, is entitled to quote.

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46. FORMATS AND SIGNING OF BID The original and all copies of the proposals shall be neatly typed and shall be signed by an authorized signatory(ies) on behalf of the Bidder. The proposal shall contain no interlineations, erase or overwriting. In order to correct errors made by the Bidder, all corrections shall be done & initialed with date by the authorized signatory after striking out the original words/figures completely.

47. WITHDRAWAL OF BID

Bid cannot be withdrawn during the interval between their submission and expiry of Bid’s validity period. Fresh Bid may be called from eligible bidders for any additional item(s) of work not mentioned herein, if so required.

48. INTERPRETATION OF DOCUMENTS

If any bidder should find discrepancies or omission in the specifications or other tender documents, or if he should be in doubt as to the true meaning of any part thereof, he shall make a written request to the tender inviting authority for correction/clarification or interpretation or can put in a separate sheet along with his technical bid document.

49. SPLITTING OF THE CONTRACT AND CURTAILMENT OF WORK

FINANCE DEPARTMENT, GOWB reserve the right to split up and distribute the work among the successful bidders and to curtail any item of work in the schedule partly or fully.

50. PREPARATION OF TENDER Tender shall be submitted in accordance with the following instructions:

a) Tenders shall be submitted in the prescribed forms. Where there is conflict between the words and the figures, the words shall govern.

b) All notations must be in indelible ink or type written. No erasing or overwriting will be permitted. Mistakes may be crossed out and corrections typed or written with ink adjacent thereto and must be initialed in indelible ink by the person or persons signing the tender.

c) Tenders shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered unless called for. No written, oral, telegraphic or telephonic proposals for modifications will be acceptable.

d) Tenders shall be uploaded as notified on or before the date and time set for the opening of tenders in the Notice Inviting Tenders.

e) Tenders subject to any conditions or stipulations imposed by the bidder are liable to be rejected. f) Any bidder may withdraw his tender by written request at any time prior to the scheduled

closing time for receipt of tenders and not thereafter. g) Separate envelops are to be used for Bid Security & Financial bid properly superscribed

51. CLARIFICATION OF BIDS

During evaluation of the bids, the Customer/Tender Committee, at its discretion may ask the bidder for clarification of its bid. The request for the clarification and the response shall be in writing (fax/email) and no change in the substance of the bid shall seek offered or permitted.

52. COMPLIANCE WITH LAW

The Consultant hereto agrees that it shall comply with all applicable union, state and local laws, ordinances, regulations and codes in performing its obligations hereunder, including the procurement of licenses, permits certificates and payment of taxes where required. The Consultant shall establish and maintain all proper records (particularly, but without limitation, accounting records) required by any law, code/practice of corporate policy applicable to it from time to time including records and returns as applicable under labor legislation.

53. ERASURES OR ALTERNATIONS

The offers with overwriting and erasures may make the tender liable for rejection if each of such overwriting/erasures/manuscript ions is not only signed by the authorized signatory of the bidder. There should be no hand-written material, corrections or alterations in the offer. The Finance Deptt, Govt. of

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West Bengal may treat offers not adhering to these guidelines as unacceptable. The Finance Deptt, Govt. of West Bengal may, at its discretion, however, waive any minor non-conformity or any minor irregularity in the offer. This shall be binding on all bidders and the Tender Committee reserves the right for such waivers.

54. QUALITY CONTROL

• The Consultant is obliged to work closely with FINANCE DEPARTMENT/Commissioner of Commercial Taxes, GOWB and other Departments, act within its authority and abide by directive issued by them on implementation activities.

• The Consultant will abide by the safety measures and free FINANCE DEPARTMENT, GOWB and Department from all demands or responsibilities arising from accident/loss of life, the cause of which is due to their negligence. The bidder will pay all indemnities arising from such incidents and will not hold FINANCE DEPARTMENT, GOWB and department responsible.

• The Consultant will treat as confidential all data and information about the system, obtained in the execution of its responsibilities in strict confidence and will not reveal such information to any party without the prior written approval of FINANCE DEPARTMENT/CTD, GOWB/CTD.

• FINANCE DEPARTMENT, GOWB reserves the right to inspect all phases of Consultant’s operation to ensure conformity to the specifications. FINANCE DEPARTMENT, GOWB shall have engineers, inspectors or other duly authorized representatives made known to the Consultant, present during the progress of the work and such representatives shall have free access to the work at all times. The presence or absence of representatives of FINANCE DEPARTMENT, GOWB does not relieve the Consultant of the responsibility for quality control in all phases.

• The Court of Kolkata only will have the jurisdiction to deal with and decide any legal matters or dispute whatsoever arising out of the contract.

55.. GENERAL TERMS

a) No clarifications will be entertained after opening of the tender. b) FINANCE DEPARTMENT, GOWB reserve the right to reject or accept or withdraw the tender

in full or part as the case may be without assigning the reasons thereof. No dispute of any kind can be raised in any court of law or elsewhere.

c) FINANCE DEPARTMENT, GOWB reserve the right to ask for clarification in the bid documents submitted by the bidder.

d) FINANCE DEPARTMENT, GOWB at its discretion may extend the deadline for the submission of Bids.

e) Discrepancy in the amount quoted by the bidder due to calculation mistake, the unit rate, if any, shall be regarded as firm and the totaling or carry in the amount quoted by the bidder shall be corrected accordingly.

f) The price offers shall remain firm within the currency of contract and no escalation of price will be allowed.

g) The acceptance of the tender will rest with the accepting authority who is not bound generally to accept the lowest or any tender and reserves the right to reject in part or in full any or all tender(s) received and to split up the work among participants without assigning any reason thereof.

h) No variation in or modification of the terms of the Agreement shall be made except by written amendment signed by the parties.

i) Tender documents are not transferable. j) The Court of Kolkata only will have the jurisdiction to deal with and decide any legal matters or

dispute whatsoever arising out of the contract. k) Agreement will be made with the Consultant after placement of order. Draft Agreement will be

provided to successful bidder.

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SECTION – E

COVERING LETTER

(Bidders are requested to furnish the form filling the entire Blank and to be submitted on Letter Head in

original) To Sub: Engagement of Transaction Advisor / Consultant for facilitating transition to GST in Commercial Taxes Directorate, West Bengal

Dear Sir, 1. We the undersigned bidder/(s), having read and examined in details the specifications and other

documents of the subject tender no. 1182 -FT dated 12.08.2016 , do hereby propose to execute the job as per specification as set forth in your Bid documents.

2. The prices of all items stated in the bid are firm during the entire period of job irrespective of date of completion and not subject to any price adjusted as per in line with the bidding documents. All prices and other terms & conditions of this proposal are valid for a period of 180 (one hundred eighty) days from the date of opening of bid. We further declare that prices stated in our proposal are in accordance with your Scope of Work.

3. We confirm that our bid prices include all other taxes and duties and levies applicable on bought out

components, materials, equipments and other items and confirm that any such taxes, duties and levies additionally payable shall be to our account.

4. Bid Security: We have enclosed Bid Security in the form of Demand draft for a sum of Rs.1,00,000/-

(DD no. ____________ dated ___________________ drawn on _______________________).

5. If this proposal is accepted by you, we agree to provide services and complete the entire work, in accordance with schedule indicated in the proposal with deployment of professionals with requisite qualification and experiences as provided under Section – B, failing the Performance Bank Guarantee may be forfeited apart from other actions. We fully understand that the work completion schedule stipulated in the proposal is the essence of the job, if awarded.

6. We further agree that if our proposal is accepted, we shall provide a Performance Bank Guarantee of the

value equivalent to ten percent (10%) of the Order value as stipulated in Price Bid.

7. We agree that FINANCE DEPARTMENT, GOWB reserves the right to accept in full/part or reject any or all the bids received or split order within successful bidders without any explanation to bidders and their decision on the subject will be final and binding on us.

8. We enclose our price bid as per Section - H

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Dated, this …………………..day of ……………………2016 Thanking you, we remain, Yours faithfully ………………………………………………… Signature ……………………………………………………….. Name in full ……………………………………………………….. Designation

Signature & Authorized Verified by

…………………………………………………

Name & Designation

………………………………………………… Full Signature & Stamp

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SECTION – F

FORMAT FOR PRE-BID MEETING QUERY (Tender No. 1182-FT dated 12.08.2016)

Name of the Bidder:

Queries

Sl. No.

Section No.

Clause No.

Page No.

Queries

Note: The filled form to be submitted in XLS & scanned PDF Format. There is a cut off date for receiving of queries before Pre Bid Meeting. Queries received after the cutoff period will not be accepted. The WB, FINANCE DEPTT. reserves the right to respond all queries over e-mail. Authorized Signatory (Signature In full): _________________________________ Name and title of Signatory: __________________________________________ Company Rubber Stamp: __________________________________________________

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SECTION – G

PROFORMA FOR PERFORMANCE BANK GUARANTEE

(On non-judicial stamp paper of appropriate value to be purchased in the name of executing Bank)

PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT –CUM-PRFORMANCE GUARANTEE

Ref …………………….. Bank Guarantee no……………. Date…………………..

PROFORMA OF BG FOR SECURITY DEPOSIT

KNOW ALL MEN BY THESE PRESENTS that in consideration of FINANCE DEPARTMENT, Government of West Bengal having its office at Nabanna, 325 Sarat Chandra Chatterjee Road, P.O.-Shibpur, Howrah-711 102 (hereinafter called “The WB, FINANCE DEPTT.”) having agreed to accept from ______________________(hereinafter called “The Consultant/Transaction Advisor”) Having its Head Office at ______________________, a Bank guarantee for Rs. _____________ in lieu of Cash Security Deposit for the due fulfillment by the Consultant of the terms & conditions of the Work Order No. ___________________dated____________ issued by the WB, FINANCE DEPTT. for ________________________________(hereinafter called “the said work order ________________ _______dated____________)”. We ________________ (Name & detailed address of the branch) (hereinafter called “the Guarantor”) do hereby undertake to indemnify and keep indemnified the WB, FINANCE DEPTT. to the extent of Rs.__________ (Rupees ____________ _____________) only against any loss or damage caused to or suffered by the WB, FINANCE DEPTT. by reason of any breach by the Consultant/Transaction Advisor of any of the terms and conditions contained in the said Work Order No. ____________________ dated__________________ of which breach in the opinion of the WB, FINANCE DEPTT. shall be final and conclusive. (2) AND WE, ____________________DO HEREBY Guarantee and undertake to pay forthwith on demand to the WB, FINANCE DEPTT. such sum not exceeding the said sum of ________Rupees_______________) only as may be specified in such demand, in the event of the Consultant failing or neglecting to execute fully efficiently and satisfactorily the order for __________________________ _______________ Work Order no. , _______________dated _________ (3) WE __________________________ further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said order as laid down in the said Work Order No. ________________ dated _______________ including the warranty obligations and that it shall continue to be enforceable till all the dues of the WB, FINANCE DEPTT. under or by virtue of the said Work Order No. _________________ dated _____________ have been fully paid and its claims satisfied or is charged or till the WB, FINANCE DEPTT. or its authorized representative certified that the terms and conditions of the said Work Order No. ______________________ dated _________________ have been fully and properly carried out by the said Consultant/Transaction Advisor and accordingly discharged the guarantee. (4) We _____________________________ the Guarantor undertake to extend the validity of Bank Guarantee at the request of the Consultant for further period of periods from time to time beyond its present validity period failing which we shall pay the WB, FINANCE DEPTT. the amount of Guarantee. (5) The liability under the Guarantee is restricted to Rs. _________ (Rupees ______________ ___________________) only and will expire on ______________ and unless a claim in writing is presented to us or an action or suit to enforce the claim is filled against us within 6 months from _______________ all your rights will be forfeited and we shall be relieved of and discharged from all our liabilities (thereinafter) (6) The Guarantee herein contained shall not be determined or affected by liquidation or winding up or insolvency or closer of the Consultant/Transaction Advisor.

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(7) The executants has the power to issue this guarantee on behalf of Guarantor and holds full and valid power of Attorney granted in his favour by the Guarantor authorizing him to execute the Guarantee. (8) Notwithstanding anything contained herein above, our liability under this guarantee is restricted to Rs. __________ (Rupees _________________________) only and our guarantee shall remain in force up to _______________ and unless a demand or claim under the guarantee is made on us in writing on or before _______________ all your rights under the guarantee shall be forfeited and we shall be relieved and discharged from all liabilities there under. WE, __________________________ lastly undertake not to revoke this guarantee during the currency except with the previous consent of the WB, FINANCE DEPTT. in writing. In witness whereof we ___________________________have set and subscribed our hand on this ________________________ day of _____________________. SIGNED, SEALED AND DELIVERED

______________________ (Stamp of the executants)

WITNESS 1) ______________________

2) ______________________ (Name & address in full with Rubber Stamp)

INSTRUCTIONS FOR FURNISHING BANK GUARANTEE

1. Bank Guarantee (B.G.) should be executed on the Non- Judicial Stamp paper of the applicable value

and to be purchased in the name of the Bank. 2. The Executor (Bank authorities) may mention the Power of Attorney No. and date of execution in

his/her favour with authorization to sign the documents. The Power of Attorney is to be witnessed by two persons mentioning their full name and address.

3. The B.G. should be executed by a Nationalised Bank/ Scheduled Commercial Bank through a branch located in Kolkata. B.G. from Co-operative Bank / Rural Banks is not acceptable.

4. A Confirmation Letter of the concerned Bank must be furnished as a proof of genuineness of the Guarantee issued by them.

5. Any B.G. if executed on Non-Judicial Stamp paper after 6 (six) months of the purchase of such stamp shall be treated as Non-valid.

6. Each page of the B.G. must bear signature and seal of the Bank and B.G. Number. 7. The content of the B.G. shall be strictly as per Proforma prescribed by FINANCE DEPARTMENT,

GOWB in line with LOA/ Work Order etc. and must contain all factual details. 8. Any correction, deletion etc. in the B.G. should be authenticated by the Bank Officials signing the

B.G. 9. In case of extension of a Contract the validity of the B.G. must be extended accordingly. 10. B.G. must be furnished within the stipulated period as mentioned in Purchase Order / LOA / Work

Order etc. 11. Issuing Bank / The Bidder are requested to mention the Contract / Work Order reference along with

the B.G. No. For making any future queries to FINANCE DEPARTMENT, GOWB.

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SECTION – H

FINANCIAL BID FORMAT

(To be prepared and submitted on the Firm/company Letter Head under the signature of authorized signatory) No.______________ Dated:___________________ From: the Partner/ Manager/ ______________________________ To:_________________________________ Subject: submission of Price Bid for the Transaction Advisory services for your proposed Project_______________________________________________ Reference: your Office No._______________________Dated________________________ Sir, Our financial bid for the proposed PPP project Transaction Advisory Services is as below;

TOTAL (IN FIGURES AND WORDS)

• Price quoted is inclusive of all taxes & levies in whatever name called and charges (Boarding, Lodging, Travelling, Out of pocket expenses etc). However, as agreed in case of outstation travel 2 Ac/Air fare in economy class, accommodation in circuit houses and local transport to be provided by you, subject to availability.

Authorized Signatory (Signature In full): _________________________________ Name and title of Signatory: __________________________________________ Company Rubber Stamp: __________________________________________________

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