1. finance
2. accounting and auditing

SWASTH/BTAST/2014-08/45
08/45
Date: Oct 08, 2014
Subject: Support to Public Health Engineering Department (PHED
PHED),
Govt. of Bihar for Strengthening of Accounting
TENDER NO: SWASTH/BTAST/2014-08/45
SWASTH/BTAST/2014
Dear Sir/Madam,
CARE India, Infrastructure Professionals Enterprise (P) Ltd., India (IPE Global
Global) and
Options Consulting Services Ltd., UK on behalf of the Department for International
Development (DFID) supported Sector Wise Approach to Strengthening Health
(SWASTH)- Bihar Technical Assistance Support Team (BTAST) are pleased to invite to
invite proposal from C & AG empanelled Chartered Accountants firms meeting the
minimum
inimum eligibility criteria for providing their services for the above work in
accordance with this Invitation to Tender (ITT) package.
1.
All information contained in this package should be treated as commercially
confidential and you are required to limit dissemination on a need-to-know
need
basis.
2.
This ITT package consists of the following documents:
i. ITT Instructions including Proformas 1-3
1
ii. Terms of Reference for the assignment;
iii. Draft Contract Documents comprising of:
3.
Section 1
Form of Contract
Section 2
General Conditions of Contract
Section 3
Terms of Reference/Scope of Work
Section 4
Special Conditions (to be finalised later)
Section 5
Schedule of Prices (to be finalised later)
Section 6
Format of Invoice
If you intend to submit a tender you must send an acknowledgement, by
letter fax or email ([email protected]),
(
within 4 days
quoting the contract title and number.
(If
If interested, agencies are encouraged to send an acknowledgement by
letter, fax or email([email protected]
[email protected])) in the format quoting the
contract title and number within 4 days. Those who have not sent an
acknowledgment, can also submit their bids on or before the closing date
date.)
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4.
CARE/IPE/Options will endeavour to make available all relevant information
in the ITT. Should you need any further information or clarification during the
tender period you must contact only the Contract Officer named below. On
no account should the Tenderers communicate directly with any other
CARE/IPE/Options personnel or officials of the DOHFW &/BTAST. Failure to
comply with this requirement may result in the disqualification
disqualification of your
organisation from this competition.
5.
No queries will be accepted after October 20, 2014.. Therefore any requests
should be submitted at the earliest by letter/fax or email. To ensure equity,
where appropriate, CARE/IPE/Options response will be notified to all
Tenderers without disclosure of the initiator.
6.
A Pre-bid meeting will be held on October 21, 2014, at 15:00 hrs at :
Bihar Technical Assistance & Support Team (BTAST)
IInd Floor, 10,, IAS Colony, Kidwai Puri
Patna, Bihar, 800001
Ph. No. +91-612-2535577,
2535577, 2285674
7.
Your particular attention is drawn to instructions on:
a. Format for Technical Tenders: - Paragraphs 2-55 of the ITT Instructions
b. Submission of proposal copy on CD: - (Paragraph 4.2 of the ITT
instructions)
c. Use of two-envelope
envelope system for submission:
submission - Paragraph 11 of ITT
Instructions
d. Conflict of Interest :- Clause 26 in the General Conditions
onditions of Contract
and Paragraph 12 in the ITT instructions
e. Disclosures :–– Paragraph 13 in the ITT Instructions
8.
Contracts shallll be awarded separately for each of the four zones of PHED.
Only one technical bid shall be submitted, which shall be considered for
award of contract along with the financial bid for each zones (Maximum 2
Zones per firm). Commercial Tender should specify the total amount in Indian
Rupees (INR), giving details
details/ break-up of Fees and Project expenses (as per
paragraph 5 of ITT Instructions) separately for each zone (Maximum 2 Zone
per firm), which the bidder may chose to respond.
respond. The financial proposals
proposal
should be valid for acceptance for at least 6 months.
9.
Decision with regard to Contract signing authority on behalf of the
CARE/IPE/Options consortium would be taken at the time of award of the
contract
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10.
Two (2) hard copies of your Technical Tender
ender along with soft copy (word
format in a CD) and one hard copy of Commercial Tender (no soft copy)
must be received by 1500 H
Hrs on 31 October , 2014 at
Kind Attention:
Procurement Officer
Bihar Technical Assistance & Support Team (BTAST)
IInd Floor, 10,, IAS Colony, Kidwai Puri
Patna, Bihar, 800001
Ph. No. +91-612-2535577,
2535577, 2285674
Tenders received after the due time and date will be returned unopened.
11.
12.
Tenders for this contract will be assessed in accordance with Quality and
Cost-based
based selection (QCBS) method and will involve both technical and
commercial evaluation with the following weightage:
Technical Evaluation
70%
Commercial Evaluation
30%
The broad evaluation criteria, shall be as follows:
CRITERIA
MARKS
Understanding of the assignment
10
Number of Full time Partners
10
The agency has relevant Experience and successful Completion of
Projects of Similar Nature.
20
Turnover of the firm
(Average annual in last three financial yrs.)
Adequacy and appropriateness of the proposed methodology and
work plan
Key professional staff, qualification and competence for the
assignment
TOTAL
10
25
25
100
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13.
Financial proposal of only those firms receiving minimum of 60 marks out of
the maximum 100 in technical evaluation will be opened. The financial
proposals of those firms who don’t qualify in technical evaluation will be
returned unopened.
14.
Short-listed
listed firms may be requested to make a presentation, if required.
15.
The organisations invited to submit a tender are expected to adhere to the
General Conditions of Contract which are attached.
Yours faithfully,
Procurement Officer
Bihar Technical Assistance & Support Team (BTAST)
IInd Floor, 10,, IAS Colony, Kidwai Puri
Patna, Bihar, 800001
2535577, 2285674
Ph. No. +91-612-2535577,
SWASTH/BTAST/2014-08/45
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Letter of Acknowledgment
(to be returned on Company headed paper)
To,
Procurement Officer
Bihar Technical Assistance & Support Team (BTAST)
IInd Floor, 10,, IAS Colony, Kidwai Puri
Patna, Bihar, 800001
2535577, 2285674
2285674;
Ph. No. +91-612-2535577,
Date:
Dear Madam,
CONTRACT:
CONTRACT NO:
We acknowledge receipt of the documents listed in your Invitation to Submit a Proposal
package for the above project.
We confirm that we will submit a proposal for the above contract by [Proposal
a.
due date; see Covering Letter] in accordance with the "Form of Proposal" and the specified
requirements.
b.
We do not wish to submit a proposal and therefore return the total Invitation
to Submit a Proposal package with this letter.
Yours faithfully
Name:
Position:
SWASTH/BTAST/2014-08/45
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INVITATION TO TENDER INSTRUCTIONS
SWASTH/BTAST/2014-08/45
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CONTENTS
INTRODUCTION
1.
General
INSTRUCTIONS FOR SUBMITTING A TENDER
2.
Format of Your Tender
3.
Part A Executive Summary
4.
Part B General & Technical Aspects
5.
Part C Commercial Tender
6.
Nominated Personnel
7.
Government Tax
8.
Alterations to Tenders
9.
Declaration to Accompany Tenders
10. Packaging & Delivery of Tenders
OTHER INFORMATION
11. Conflict of Interest
12. Disclosures
13. Joint Venture Tenders
14. CARE/IPE/Options Treatment of Your Tender
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INTRODUCTION
1.
General
1.1. This Invitation to Tender (ITT) and in particular the Instructions for Submitting a
Tender are designed to help you produce a tender that is acceptable to
CARE/Infrastructure
Infrastructure Professionals Enterprise (P) Ltd.&
Ltd Options, in accordance
with the requirements of the Department for International Development (DFID)
for contracting and procurement of consultants. It is essential, therefore, that
you provide the information requested in the specific format.
1.2. The instructions should
ld be read in conjunction with information specific to the
Project contained in the covering letter and in the accompanying documents.
1.3. CARE/IPE/Options is not bound to accept the lowest, or any, tender. We also
reserve the right to request any, or all, of the Tenderers to meet with us to
clarify their tender.
INSTRUCTIONS FOR SUBMITTING YOUR TENDER
2.
A. Format of Your Tender
2.1. Your tender should be submitted in English and be set out in three main parts
•
Part A - Executive Summary
•
Part B - General and Technical
•
Part C – Commercial Bid (to be submitted separately for each zone)
2.2. Parts A & B may be bound together but part C must be bound separately to
enable technical and commercial tenders to be evaluated independently. Please
do not include any price information in Part A or B. No publicity material is
required.
3.
Part A – Executive Summary
3.1. This should be a brief overview of your tender covering how you intend to
achieve the outputs and your assessment of the resources required.
4.
Part B – General and Technical Tender
4.1. Your General and Technical Tender should be structured in following sections:
i. Section 1 Any Qualification to Terms of Reference
ii. Section 2 Details of Firm and Partners (Form No. 1)
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iii. Section 3 Details of Qualified and semi-qualified
semi qualified staff engaged by th
the
firm (Form no 2 and 3) without any reference to fees.
iv. Section 4 Description of Approach & Work Plan (Form No 4)
v. Section 5 Previous experience of the firm in similar types of assignments
completed during last 5 years (please indicate name of assignment,
name/address of employer, date of award of assignment, date of
completion of assignment, value of the assignment and role of your firm
viz. prime consultant, sub-consultant,
sub
consortium member etc.) (Form No
5)
vi. Section 6 Matters not appropriate in any other appendix, e.g. Joint
Ventures, Disclosures, Conflict of Interest etc.
4.2. Please also submit hard copies
cop (2 nos.) and a CD containing the soft copy of
your General and Technical Tender in MS-Word
ord format (to be submitted in
the same envelope).
5.
Part C – Commercial Tender
5.1. All prices should be for the entire duration of the contract. Your Commercial
Tender
der should be structured in following Sections.
i. Section 1 Confirmation of acceptance of CARE/IPE’s/Options
IPE’s/Options Conditions
of Contract
ii. Section 2 Pricing,
g, using Form No. 6, 7 & 8 on fees and expenses basis
iii. Section 3 A list of the names and designation of all nominated personnel
proposed to work on this project
5.2. Please also submit hard copy (1 no.) of your Commercial Tender (to be
submitted in the same envelope). No soft copy should be submitted.
5.3. There are 4 zones in PHED in Bihar. Separate contract for each zone shall be
awarded. A firm may submit commercial bid for one or more zone.
5.4. As number of units/ offices in each zone differs, the bidders are advised to
make sure their financial bid is appropriate and based on the number of units
existing in the zone.
6.
Nominated Personnel
6.1. You must:
a) confirm that all personnel will be available to provide the required
services for the duration of the contract
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b) confirm that you will ensure that the personnel nominated and personnel
hired for the assignment will exclusively spend adequate number of
hours/ days, as detailed in the scope of work, on the assignment
c) give the name of their empl
employer or state if self-employed
employed if any of the
personnel is not a member of the Tenderer’s staff
d) obtain prior written agreement from CARE/IPE/Options/DFID/DoHFW
DoHFW,
Govt. of Bihar,, via the Contract Officer, before nominating a member of
DoHFW, GoB/DFID/
/DFID/CARE/IPE/Options staff who is in service, or on leave
of absence, or has been a staff member of PHED, GoB/DFID /CARE/
CARE/ IPE/
Options within the past 2 years
e) if nominating an ex
ex-PHED, GoB employee who has left the service within
the past 2 years, include a letter
le
from the PHED, GoB, granting permission
for them to undertake the services
7.
Government Tax
7.1. Tenders are responsible for establishing the status of the Services for the
purpose of any government tax applicable in India. Any applicable taxes should
be shown on pro forma 3, Summary of Fee Rates and Expenses.
8.
Alterations to Tenders
8.1. Any manuscript or other alteration to the tender must be countersigned and
dated by the person submitting the tender. The Tenderer must not alter the ITT
documents.
9.
Letters and Declaration to Accompany Tenders
9.1. Your Tender must be accompanied
ac
by a letter on Firm’s letter head showing the
full registered and trading name(s), trading and registered office address of the
Tenderer and, the place of registered office. It should be signed
gned by a person of
suitable authority to commit the Tenderers to a binding contract. You must
quote the Contract Title, Contract Number and include the following
declarations:
1
2
3
We have examined the information provided in your Invitation to
Tender (ITT) and offer to undertake the work described in accordance
with requirements as set out in the ITT. This tender is valid for
acceptance for 6 months and we confirm that this tender will remain
binding upon us and may be accepted by you at any time before this
expiry date.
(if applicable) This tender is a Joint Venture with [
agreement is enclosed.
]. A copy of the
We accept that any contract that may result will a) comprise the
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contract documents issued with the ITT and be based upon the
documents submitted as part of our tender.
4
(if applicable) Certain information included in this tender would if
disclosed prejudice our commercial interests. The particular information
together with an explanation, and the period this information sho
should be
withheld, is attached to this letter.
5
The Tender (Commercial & Technical) has been arrived at independently
and without consultation, communication, agreement or understanding
(for the purpose of restricting competition) with any other supplier
invited to tender for this contract.
6
We understand the obligations in Paragraph 13 of the ITT instructions
and have included any necessary declarations.
7
We confirm that all personnel and/or sub
sub-contractors
contractors named in the
tender will be available to undertake the services.
8
We agree to bear all costs incurred by us in connection with the
preparation and submission of this Tender and to bear any further pre
precontract costs.
9
I confirm that I have the authority of [name of organisation] to submit
tenders and to clarify any details on its behalf.
10. Packaging and Delivery of Tenders
10.1. Technical Tenders TWO copies and Commercial Tender ONE copy must be
sealed, and clearly labelled with the following:
•
•
•
•
Contract Title
Contract Reference Number
Tender Due Date
Tenderer’s Name
and should be addressed to the Procurement Officer.. The envelopes should be
clearly marked as TECHNICAL TENDER and COMMERCIAL TENDER. Both the
Technical Tender and Commercial Tender should be kept in ONE out
outer
envelope, and must be sealed and clearly labelled with the following:
•
•
•
•
Contract Title
Contract Reference Number
Tender Due Date
Tenderer’s Name
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Tenders must be received at
Procurement Officer
Bihar Technical Assistance & Support Team (BTAST)
IInd Floor, 10,, IAS Colony, Kidwai Puri
Patna, Bihar, 800001
Ph. No. +91-612-2535577,
2535577, 2285674
For the attention of Procurement Officer by 1500 Hrs on October 31, 2014
(Indian Standard Time). Late tenders will not be accepted in any circumstance
and will be returned unopened. No special pleadings will be accepted. Faxed or
e-mailed
mailed tenders will not be accepted.
10.2. CARE/IPE/Options accept no responsibility for the premature opening of any
incorrectly
tly marked Tenders.
OTHER INFORMATION
11. Conflict of Interest
11.1. Tenderers must disclose in their Tender details of any circumstances, including
personal, financial and business activities that will, or might, give rise to a
conflict of interest; this includes any sub-contractor,
contractor, if they were awarded this
contract. Where Tenderers identify any potential conflicts they should state
how they intend to avoid such conflicts. CARE/IPE/Options reserves the right to
reject any Tender which, in CARE/IPE’s/Options opinion, gives rise, or could
potentially give rise to, a conflict of interest.
12. Disclosures
12.1. The Tenderer must disclose:
a) If they
•
are or have been the subject of any proceedings or other
arrangements relating to bankruptcy, insolvency or the financial
standing
ing of the Tenderer including but not limited to the appointment
of any officer such as a receiver in relation to the Tenderer’s personal
or business matters or an arrangement with creditors or of any other
similar proceedings.
b) If they or any of the Tenderer’s
Tender
sub-contractors
contractors have been convicted of,
or are the subject of any proceedings, relating to:
•
a criminal offence or other offence, a serious offence involving the
activities of a criminal organisation or found by any regulator or
professional body to have
have committed professional misconduct.
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• corruption including the offer or receipt of any inducement of any
kind
in
relation
to
obtaining
any
contract,
with
DFID/CARE/IPE/Options,
IPE/Options, or any other donor of development funding,
or any contracting authority.
•
failure
e to fulfil any obligations in any jurisdiction relating to the
payment of taxes or social security contributions.
c) If they or any of the Tenderer’s sub-contractors:
sub
•
are, or have reason to believe they may have been, or are subject of
any proceedings, that may be listed by the World Bank in its ‘Listing of
Ineligible Firms’ or ‘Listings of Firms, Letters of Reprimand’ posted at
www.worldbank.org or on any similar list maintained by any other
donor of developing funding,
funding or any contracting authority.
12.2. Disclosure extends to any company in the same group of the Tenderer
(including but not limited to parent subsidiary and sister companies, and
companies with common shareholders whether direct or indirect and parties
with whom
m the Tenderer is associated in respect of this tender).
12.3. If a Tenderer or related company or any individual discloses details of any
previous misconduct or complaint, CARE/IPE/Options will seek an explanation
and background details from them. At the sole discretion
d
of CARE/IPE/Options
an assessment as to whether the Tenderer will be allowed to submit a tender,
will then be made.
13. Joint Venture (or other form of association) Tenders
13.1. Where the Tender is submitted by the Tenderers in conjunction with one or
more
ore associates then, in the absence of a Joint venture agreement the
‘Associate’ shall be deemed to be a sub-contractor
sub contractor to the Tenderers and shall
not be a party to the contract.
13.2. Tenders submitted by potential Joint Venture partnerships must include in the
Tender documents a “Letter of Intent to form a Joint Venture” in the event of
being successful and:
a) be signed by a duly authorised representative of each partner with details
of each signatory provided in print below each signature
b) include an express prov
provision
ision that each partner is jointly and severally
liable in respect of the Tenderer’s obligations
c) provide details of the name of the partner nominated to act as manager
of the Joint Venture and who is authorized to act for the Joint Venture in
terms of committing
itting it to any obligations and liabilities and to receive and
act upon instructions from CARE/IPE/Options and to make and receive
payments
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d) state full details of the proposed structure; the division of technical
responsibilities between the partners and intended
intended capitalisation
14. CARE/IPE/Options Treatment of Your Tender
14.1. CARE/IPE/Options are committed to ensuring Value for Money* in complex
procurements. Therefore, when you submit a tender, we will
a) ensure tenders are registered upon receipt and held securely until after
the deadline for receipt of tenders
b) witness the opening of all tenders after the time and deadline for receipt
of tenders and separately register the commercial details of each tender
c) return, unopened, any tenders received after the deadline of receipt of
tenders
d) disqualify any non-compliant
non compliant tenders (i.e. tenders failing to meet the
terms of these instructions) received. The commercial details of such
tenders will be recorded and marked as disqualified
e) ensure that all tenders are evaluated objectively,
objectively, in line with the
evaluation criteria specified in the covering letter
f) following evaluation, inform the Tenderers within 10 working days of the
decision being made
g) following evaluation, provide feedback to each Tenderer within 15
calendar days off written request and within the bounds of confidentiality
* Value for money is defined as the optimum combination of whole-life
whole life cost and
quality to meet requirements
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Form No. - 1
Particulars/Details of the Firm
Sl.
No.
1
2
PARTICULARS
Name of the Firm
Addresses of the Firm:
Head Office
Supporting Documents required to be
submitted along with this Form
Phone No:
Fax No:
Mobile No. of Head Office In-charge:
charge:
Date of establishment of the firm
Branch Office 1,2,3……
(Particulars of each branch to be given)
3
4
5
6
7
8
9
10
Mention the date of each branch offices
since when existed at the existing place
Firm Income Tax PAN No.
Firm Service Tax Registration No.
Firm’s Registration No. with ICAI
Empanelment No. with C & A G
No. of Years of Firm Existence & Date of
establishment of Firm
Turnover of the Firm in last three years
Audit Experience of the Firm:
1. Number of Assignments in
Commercial/Statutory Audit
2. Number of Assignments in State’
Social Sector Audits (Other than
audit of Charitable Institutions)
3. Experience in the relevant
assignment.
Details of Partners:
Provide following details:
• Number of Full Time Fellow Partners
associated with the firm.
• Name of each partner,
• Date of becoming ACA and FCA
• Date of joining the firm,
• Membership No.,
• Qualification
Phone No:
Fax No:
Mobile of each Branch Office In
In-charge:
Attach copy of PAN card
Attach copy of Registration
Attach proof of latest empanelment with
C&AG for the year under Audit.
Attach copy of Partnership Deed
Attach balance sheet and P&L Account of the
last three years or a C.A. Certificate give
Break-up
up of Audit Fee and Other Fees
Received.
Copy of the Offer Letter & the Fee Charged.
Copy of the Offer Letter & the
th Fee Charged
(Relevant evidences to be given of the
turnover and fee)
Attested copy of Certificate
rtificate of ICAI as on
1.1.2014.
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• Experience
• Whether the partners is engaged full
time or part time with the firm.
• Their Contact Mobile No., email and
full Address
11
If applying in Joint venture, then indicate
the Lead Auditor in the Joint Venture.
Letter jointly signed by all the firms
participating in Joint venture whereby they
have agreed for the Lead Auditor.
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Form No. - 2
Details of Qualified Staff (Chartered Accountants)
(Please provide a self attested copy of Certificate of ICAI for each qualified staff)
S.
No.
Name of Staff
Length of
Association
with the
Firm
(in years)
Educational
Qualifications
Area of
Key
Expertise
Membership
No.
Relevant
Experience
1
2
3
4
Form No. - 3
Details of Semi-qualified
qualified Staff (including Article Clerks etc)
S. No.
Name of Staff
Semi Qualified Staffs:
1
2
..
Article Clerks:
1
2
..
Others
1
2
..
Length of
Association
with the
Firm
(in years)
Educational
Qualifications
Area of
Key
Expertise
Relevant
Experience
Remarks
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Form No. - 4
Description of Approach & Work Plan for performing the assignment
A. Technical Approach :
The firm should explain the understanding the objectives of the assignments,
approach to the services, methodology for the carrying out the activities and
obtaining the expected output, and the degree of the detail of such output.
B. Work Plan alongwith the time required for each work/ assignment
The firm should propose the main activities of the assignment, their content
and duration, phasing and inter-relations, milestones and delivery dates of
the reports.
The proposed work plan should be consistent with the technical approach
showing understanding of the TOR and ability to translate them in to a
feasible working plan.
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Form No. - 5
Brief of Relevant Experience:
S.
No.
Name of the
Auditee
Organization
Type/Nature of
Assignment
Scope & Coverage of
the assignment
Duration of Completion
of Assignment
Note: The Firm may be asked to provide copy of letter of allotment of all work listed above
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FINANCIAL BID
(Please submit financial bid for each zone separately)
(Please note that number of offices/ units in each zone is different)
Form No - 6
Tender for (Name of Zone):
TENDER NUMBER:
PERSONNEL COST AND FEE RATES
NAME/
DESIGNATION
EMPLOYMENT
STATUS
(Existing/ Hired
for the
assignment)
assignment)*
DESCRIPTION /
POSITION
No of
DAYS/
MONTH
S
FEE RATE
(INR)
AMOUNT
(INR)
* Full time employee / project resource
Guidance on Fees and Expenses can be found in Paragraphs 15& 16 respectively in
Section 2 of the General Conditions.
Important Note: Number of units in Patna and Muzaffarpur zone is 13 each, while
Purnia and Bhagalpur have 7 and 9 units
unit respectively.
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FINANCIAL BID
(Please submit financial bid for each zone separately)
(Please note that number of offices/ units in each zone is different)
Form No - 7
Tender for (Name of Zone):
TENDER NUMBER:
PROJECT EXPENSES
Costs should be shown separately in the format set out below using separate sheets
to provide full details under each heading. Government taxes, if applicable, should
be shown separately on the Summary in pro forma 3.
Projected reimbursable costs should be shown separately in the
the format set out
below using separate sheets to provide full details under each heading. Unit prices
should be quoted for such items as air fares (stating the class of fare envisaged),
subsistence, property rents and local transport (where this is to be provided by the
Proposers).
NO
Cost of Assets:
a. Desktop computer
b. UPS
c. Printer
d. Cost of Tally Software
Sub Total
Cost of communication:
a. Internet Dongle
b. Recurring internet cost
c. Communication and postage
DOCUMENTATION
AND
including computing expenses
REPORTING
Cost of Training:
a. To manpower hired
b. To PHED accounts staff on Tally and
computers
Sub Total
Cost of Travelling:
RATE
COST (Rs)
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FARES
Accommodation
Fooding during travel
Vehicle Rental for Local Travel
Sub Total
Agency overhead
ANY OTHER (Specify)
a.
b.
c.
Sub Total
TOTAL PROJECTED REIMBURSABLE COSTS: (B) Rs
#CARE/IPE/Options will not reimburse costs for normal tools of trade (e.g. portable
personal computers)
Important Note: Number of units in Patna and Muzaffarpur
Muzaffarpur zone is 13 each, while
Purnia and Bhagalpur have 7 and 9 units respectively.
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FINANCIAL BID
(Please submit financial bid for each zone separately)
(Please note that number of offices/ units in each zone is different)
Form No - 8
Tender for (Name of Zone):
TENDER NUMBER:
SUMMARY OF FEE RATES AND EXPENSES
PARTICULARS
AMOUNT (INR)
Total Fees (A)
Total Project Expenses (B)
Sub Total
Service Tax
TOTAL
Total in words:
Please note that CARE India policies do not allow advance payment to consultants.
Important Note: Number of units in Patna and Muzaffarpur zone is 13 each, while
Purnia and Bhagalpur have 7 and 9 units respectively.
Signature of Authorized Person
Name:
Designation and seal:
SWASTH/BTAST/2014-08/45
08/45
TERMS OF REFERENCE
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Sector Wise Approach to Strengthening Health (SWASTH)
Bihar Technical Assistance Support Team (BTAST)
Terms of Reference for Accounting Support to Public Health Engineering Department,
Government of Bihar
Introduction
Public Health Engineering Department (PHED), Bihar is the nodal department that plans,
implements and maintains rural and urban drinking water supply and rural sanitation schemes.
The department undertakes field investigation, survey, data collection, prep
preparation,
aration, execution
and maintenance of schemes through its district level team. Various GoI programmes relating
to drinking water and sanitation like, Accelerated Rural Water Supply Programme, Nirmal
Bharat Abhiyan (NBA), Swajaldhara, National Rural Drinkin
Drinkingg Water Programme (NRDWP), etc.,
are being implemented by the PHED either directly or through Bihar State Water and Sanitation
Mission (BSWSM).
PHED is also one of the three departments that is involved in implementation of the £ 145
million SWASTH programme,
amme, funded by the Department for International Development (DfID),
Government of the United Kingdom. The overarching goal of the programme is to ‘improve the
health and nutrition status of the people of Bihar, particularly the poorest and the excluded,
and
nd thereby accelerate the state’s progress towards the Millennium Development Goals.’ The
purpose of the programme is to ‘increase the use of quality, essential health, nutrition, water
and sanitation services especially by the poorest people and excluded group’. The department
has established a Reform Support Unit (RSU) to assist PHED in implementation of SWASTH
programme and to handle DfID funds.
Background and Situational Analysis
Accounting system provides financial information about an organization, wherein the financial
books of the organization are set up, maintained and audited. The accounting helps an
organization to determine the earnings/ receipts and expenditures that have taken place. In
addition to that, the accounting records are also proof
proofss that such a transaction has taken place.
The basic intention is to bring transparency in the transactions and to determine fields the
expenditure can be decreased/ controlled. Funds for National Rural Drinking Water Programme
(NRDWP) are received by PHED though the treasury route and for Nirmal Bharat Abhiyan
through BSWSM. Accounting function of the NRDWP funds is carried out by the Divisional
Accountants, who are appointed on deputation from the office of the Accountant General,
Bihar. The accounts of BSWSM
SWSM and other GoI programmes are carried out by the general
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purpose clerks/ cashiers who are expected to follow the accounting and financial management
system that are provided in the programmes guidelines for the GoI programmes.
Audits carried out previously
ously by CAG and also by the chartered accountants hired by the
department, on the accounts of PHED, have assessed the accounting system to be very weak
and have reported that there is problem of matching of receipts and expenditure in each fiscal
year with
h opening and closing cash/ bank balances. Further, the expenditure and payments are
not properly analysed on regular basis and are not always accounted for in cash book under
relevant heads. PHED has no internal audit department or Internal Auditor on board,
boa to take
care of the audit function and to ensure compliance of audit recommendations. At present, the
accounting work of these programmes at the PHED headquarter is being carried out by general
purpose clerks/cashiers. The accounting work at district offices of PHED are also carried out
with inadequate staff strength. As most of the personnel involved do not have any formal
education on accounting/ financial management, the quality of accounts and timeliness in
maintenance of accounts has suffered.
Field
ld visit made to districts to assess the accounting in district offices revealed that the
accounts are being maintained by general purpose clerks/ cashiers who do not have any formal
education in accounting and they do not understand the intricacies of mod
modern
ern accounting.
Though computers are available at the division offices, there is no dedicated computer for the
‘accounts department’ to carry out the accounting work. Further, none of the accountants in
the district PHED office have any knowledge of compu
computers.
ters. The accounts staff will also have to
be imparted training on basics of computer.
Recommendations of Fiduciary Risk Assessment (FRA) Study:
The Fiduciary Risk Assessment (FRA) study carried out recently by PricewaterhouseCoopers
Private Limited (PwC) identified certain key risk while reviewing the programmes under PHED
and BSWSM. The report highlights several anomalies/ deficiencies that were noticed in the
accounting/ book-keeping
keeping procedures followed by the department and the Mission. The key
risks identified
entified by PwC in the FRA report for PHED are:
a. Deficiencies in book keeping and accounting practices ,
b. Weakness in planning and budgeting process,
c. No internal audit,
d. Low level of budget utilization,
e. Absence of procurement plan,
f. Staff vacancies, etc.
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Almost all offices under the Mission (divisional or sub
sub-divisional)
divisional) follow single-entry
single
system of
accounting for an NBA bank account which is against the guidelines. The PwC report has made
several recommendations, which inter alia include:
a. Introduction of a level of standardization in the accounting and book keeping practices
at divisional and sub-divisional
divisional level through development of financial management and
procurement guidelines specific to the department.
b. Introduction of Tally software for accounti
accounting
ng across all district offices of the Mission and
discontinue manual book keeping by computerising all divisional accounts.
c. Introduce decentralized planning and budgeting process and undertake capacity
building of field staff.
d. Fill vacancies of accounts p
personnel in district.
e. Introduce monthly bank reconciliation.
f. Introduce Double Entry System of Accounting.
g. Ensure timely submission of progress reports.
h. Strengthen internal audit function and setting up of an Internal Audit Cell in the
department.
The Plan
In view of the situation prevailing in PHED, the department needs support in introduction of
‘Double Entry System of Accounting’ (DESA), Tally implementation and capacity building of its
accounts staff. To achieve this, it is proposed to hire services of C
Chartered
hartered Accountant firms to
help the department in strengthening of accounting.
a. Objective of Assignment
Global Objective:
To provide assistance over a period till March 2016 to each zonal unit of PHED in introduction
of Tally accounting software and impl
implementing
ementing DESA and preparation of year-end
year
financial
statements; sustaining the new DESA including all subsidiary books as per the guidelines issued
by GoI / GoB from time to time.
Specific Objectives:
The assistance would be provided by chartered accounta
accountant
nt firms/ consultants that would be
selected and appointed for the purpose. The CA firms would provide support to the accounting
staff positioned at division offices of PHED, which would include updating books of accounts,
maintaining all registers properl
properlyy (including fixed assets and inventory registers), maintain
source documents, prepare MIS reports, preparation of budgets (including outcome budgeting),
take appropriate remedial actions in respect of audit paras relating to accounts and preparing
the year-end
end financial statements. The accounting function shall be carried out by using Tally
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accounting software, which will be supplied by the CA firms engaged for the work. The CA firm
will supply desktop computer with UPS and printer to each division office on which the Tally
software shall be installed. The agency hired would also provide training to all accounts staff in
each division on (a) basics of computers and use of computers, (b) use of Tally software, and (c)
DESA and basics of accounting. The agenc
agencyy hire would provide assistance in preparation of
annual financial statements that include monthly, quarterly, and half year-end
year
financial
statements and any other report that is required under the GoI/ GoB guidelines or rules. The
assignment also includes carrying out on
on-job handholding and capacity-building
building exercise and
provides necessary professional help for sustaining the introduction of the DESA.
In addition, the CA firms would also fix parameters of training in consultation with PHED/ BTAST
that would include - finalizing the training needs after doing a training needs analysis for the
accounts staff based on their understanding of the capacity an
and skill-level
level of the accounting
staff of the accounting staff of PHED. The firms will also put in place a system for flow of data
required for recording accounting entries and maintaining books of accounts to ensure that the
PHED units can maintain the acc
accounting
ounting system on its own after completion of this assignment.
All divisional offices need to maintain books of accounts in accordance with the guidelines of
GoI/ GoB. Therefore, the accounting staffs need adequate training to maintain books as per
highest standards and follow the good accounting practices. The CA firms would provide onon
the-job
job training on both theoretical and practical concepts of accounting under DESA and in use
of accounting software to the accounts staff.
ined in accounting policies that govern the DESA so that they are
The accounts staff must be trained
able to maintain the system at their own level. The broad aim of the assignment is to sustain
the DESA, asset accounting including inventory management; train the accounting staff of the
PHED
D in maintenance of books of accounts and preparation of financial statements as per GoI/
GoB provisions guidelines; and to promote accountability of use of public funds, provide data
for sound and economic financial management practices.
b. Scope of Work and Brief Description of Task
The support will be extended for computerization of accounting function, preparation of
opening Balance sheet as on 1st April, 2014 and updating accounts based on DESA upto FY
2015-16.
16. The maintenance of accounts based upon DESA is planned to be outsourced till March
2016 to make the PHED accounting staff capable and skilled enough to maintain the accounts
on DESA on their own.
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It is expected that the accounting activities carried out by the Chartered Accountant firm shall
assist in improving the accountability in of use of funds and provide a deterrent to any
malpractice or mismanagement.
1. PHED, Government of Bihar (GoB
(GoB)) is reforming the present accounting system by outsourcing
the Accounting of the state office as well as the district offices to the Chartered Accountancy
firms initial for period till March 2016.
2. It is planed to engage one CA firm for one zone for a ini
initial
tial period till March 31, 2016. Thus four
(4) CA firms will be engaged for the complete job. One CA firm would be hired for each of the
following zone and will be responsible for the support to all the divisions falling under that
zone:
Sl.
No.
Zone
1
Patna
2
Muzaffarpur
3
Purnia
4
Bhagalpur
PHED Divisions Covered
Patna East, Patna West, Biharsharif, Hilsa, Arah,
Arwal, Buxar, Sasaram, Bhabhua, Aurangabad,
Gaya, Nawada, Jehanabad
Muzaffarpur, Hajipur, Sitamarhi, Dhaka, Bettiah,
Sheohar, Motihari,
Samastipur
Samastipur, Chhapra,
Madhubani, Darbhanga, Siwan, Gopalganj
Purnea, Kishanganj, Katihar, Araria, Saharsa,
Supaul, Madhepura
Bhagalpur East, Bhagalpur West, Banka, Munger,
Jamui, Sheikhpura, Begusarai, Khagaria, Lakhisarai
Total Units
No. of
Units
13
13
7
9
42
3. The appointment process will be carried out for state as a whole. CA firms will be required to
apply quoting rate for one district. The selected CA firm will be allotted zone in consultation
with the department, however, one agency will get contract for on
one
e zone only.
4. The manpower deployed by the CA firm will be dedicated full time for this service and shall be
retained with that exclusive requirement. To ensure quality, the firm shall develop and follow
an exclusive policy, describing standards and guidel
guidelines
ines for managing the manpower deployed
for the purpose.
5. The CA firm will hire services of manpower/ agency capable of implementation of
computerization of accounting function by use of TALLY accounting software. The CA firm will
depute one full time senior
or accountant for each district who shall have the requisite
educational and work experience requirement as detailed in this expression of interest.
Preference should be given to retired official of GoB/ official of accountant general.
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6. The CA firm will supply
pply and install a new desktop computer, printer and UPS in the accounts
department all division offices allotted to it. The technical specification of the computer, printer
and UPS is attached as Annexure – A.
7. The CA firm will purchase and supply single user latest version of Tally software for each
division office and install the same on computer supplied by them. The technical specification
of the
8. The computers, UPS, printers and all software, including Tally, supplied under the contract, shall
be the property of PHED as soon as it is supplied and installed at the division office.
9. The firm will impart 6 day training on ‘basics of computer’ and Tally software, to the staff
posted at the divisions/ offices falling under the zone.
10. The training roster and module shall be developed in consultation with nodal officer nominated
by PHED.
11. The CA firm will provide necessary handholding support for accounting, book keeping, bank
reconciliation, reporting, budgeting, audit compliance, etc., during the entire contract
contr period.
12. The firm will provide services through deployment of manpower who should be result
orientated, potential to lead a thematic unit and ability to extend quality support to the units.
The manpower deployed should be in accordance with the service requirements and the
deployment should be with the concurrence of nodal officer nominated by PHED.
13. The CA firm will ensure highest degree of transparency while selection of manpower to be
deployed by it and will ensure selection of only those candidates wh
who fulfill the eligibility
criteria prescribed for the task to be performed. The search and selection process should
continue till suitable manpower is found and recruited by them. Under no circumstance will the
selection and recruitment requirements be dil
diluted,
uted, since that will affect adversely the quality of
the services to be rendered. All information related to recruitment of manpower will be
provided to PHED/ BTAST or the nodal officer as and when required.
14. The CA firm will ensure completion of accountin
accountingg and computerization works through the
manpower hired by it and deputed to the division offices. Following specific tasks/ work shall be
carried out by the CA firm in each division office allotted to them:
a. Preparation of opening balance sheet of unit under the cluster awarded as on April 01,
2014 with opening Bank Reconciliation, Tracking of Fixed Assets acquire under this
program and confirmation of advance etc
b. Introduction of TALLY accounting software in the department and help the department
to switch
ch over from manual to Tally based computerized accounting.
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c. Maintenance of accounts on DESA by using the accounting software as per prevailing
Accounting practices and Guidelines of the Central and the state Government. This will
include maintaining all ac
accounting
counting ledgers, registers and formats as per the GoI/ GoB
guidelines and rules.
d. Preparation of bank reconciliation statement every month.
e. Maintaining work ledgers including treatment of income tax, sales tax, royalties, and
others.
f. Maintenance of beneficiary
iary accounts and tracking of payment of incentive.
g. Identification of any grant received for specific projects, and the work done till date;
pending balance if any.
h. Preparation of opening balance sheet as on April 01, 2014 on DESA system for each
division including reconciliation of all GoB/ GoI funds received by the division under
different programmes.
i.
Preparation of yearly financial statements of each unit under contract for each financial
years till 2015-16.
16. The yearly account will include income and ex
expenditure
penditure account,
receipt and payment accounts, balance sheet complete with all schedules, etc.
j.
Preparation of monthly, quarterly and half yearly financial reports and MIS reports for
submission to PHED Zonal office/ HQ
k. Monitoring and coordinating with aaccounts
ccounts personnel at the units under the cluster
level so as to ensure that district level accounts are maintained as per the standards
prescribed.
l.
Provide handholding support and assistance to sustain the new accounting system
including use of accounting software, and provide necessary ’on site’ professional
support in maintaining various books of accounts prescribed under the guidelines of
GoI/ GoB.
m. Provide guidelines on duration of time required for maintenance of various types of
accounting records and capacity building for filing and retrieval of various categories of
accounting records
n. Coordinate with officials of the units under the PHED zone to ensure that the fund flow
to the respective division is as per the mechanism prescribed for the same.
o. Monitoring of the MIS and reporting on the MIS for the smooth financial management
and fund flow.
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p. Preparation and Consolidation of the Utilization Certificate
icate and submission of Claims as
per the guidelines of GoI/ GoB.
q. Assist the officials of the division office in Fund Flow Management and Expenditure/
payment mechanism that would ensure timely flow of funds and adherence to
expenditure targets.
r. Assisting the officials of the division office in liaisoning and reporting for the fund
release from the State and the Central Government.
s. Ensure the Compliance of all the statutory requirements to be met by the division office
that will include matters related to Income Tax, Commercial Tax department or any
other Department, etc.
t.
Coordinate with the internal and external auditors including assisting the department in
preparation of audit replies, compliance and closure of audit recommendations.
u. Assisting the division
sion offices in preparation of annual budget and also in budget analysis
including capacity building of the field staff in planning and budgeting.
v. Capacity building of the accounts personnel posted at the division office by carrying out
periodical training and on job training,
w. Assist in putting in place a mechanism so that the new system can be maintained even
after the completion of this assignment.
x. All other work assigned by the officials of the division/ zone/ state office.
15. The CA firm will ensure that the Team Leader and Finance Specialist nominated for the cluster
visits at least two days in each district to guide and support the Senior Accountant stationed
there.
c. Result to be Achieved by This Assignment for Division Office
•
•
•
•
TALLY implementation and co
computerization
mputerization of complete accounting and financial
reporting process.
Preparation of and opening balance sheet as on 01 April 2013 using the accounting
records available at the division office including preparation of Fixed Assets Register, bank
reconciliation, etc.
Maintaining of regular accounts and preparing the year
year-end
end financial statements for the
FY 2013-14, 2014-15
15 and 2015
2015-16.
16. Annual financial statements include monthly,
quarterly, and half year-end
end financial statements; and
Handholding support (including
cluding comprehensive training and capacity development) to
help each division office in sustaining DESA including Asset Accounting.
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• Increased technical capacity of the existing accounts personnel.
d. Output and Deliverables for Division Office
Report
Inception Report
Due Date
Within 2 weeks of
commencement of the
assignment
Contents
Detailed
time
line
for
manpower
recruitment,
deployment, installation of
Tally software at division office,
training of manpower, hand
holding support, preparation of
opening balance sheet On April
01, 2013, annual reports, etc.
Hiring and placement
of manpower at all
division office of the
allotted zone
Within 4 weeks of
commencement of the
assignment
Preparation of
opening balance sheet
as on 01 April 2014
Supply and installation
of desk top computer,
UPS, printer at division
office and installation
of TALLY software on
the computers
supplied
Carry out training
needs assessment of
the accounts
personnel and training
of accounts personnel
of division office on
‘basics of computers’
and use of TALLY
software
Preparation of ledgers
and month-end trial
balances under accrual
basis
Half Yearly Financial
Statement
Within 8 weeks of
commencement of the
assignment
Within 6 weeks of
commencement of the
assignment
As per formats prescribed by
GoI/ BoB
Within 12 weeks of
commencement of the
assignment
As per the technical
specification communicated/
advised/approved by the
BTAST/ PHED.
By the 10th of subsequent
month
As prescribed by GoI/ GoB
Report for April
April-Dec 2014
by 31 Jan 2015
As prescribed by GoI/ GoB
As per the technical
specification mentioned at
Annexure - A/
advised/approved by the
BTAST/ PHED.
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Report
Due Date
HFS Sept 2014 by 31 Oct
2014
Annual Financial
Report for Ap
April 2014 to
Statement for the
Mar 2015 by 30 April 2015
financial years
Report for April 2015 to
Mar 2016 by 30 April 2015
Month end report on
By the 10th of subsequent
Training, Handholding month, a report on the
Support, Capacity
training conducted during
Development to
the previous month and
accounts personnel at progress of DESA
division office and
implementation. There
Progress of
would be a minimum of
two sessions of training
Implementation of
DESA
each month (may be more,
if the consultant considers
there is a require
requirement of
more training)
Contents
As prescribed
As per requirement understood
by the consultant and
advised/approved by the BTAST
/ PHED
Note: All reports must be submitted in English and Hindi. Reports must be submitted in
both print and electronic versions.
e. Manpower Requirement
Experts Title
Qualifications, Skills and Experience
[A] Positions Common for all divisions under the PHED Zone
Team Leader and Finance
• Chartered Accountant / Cost &
Specialist
Management Accountant with at
least 8 years of experience; Must
have worked in at least 1
assignment with a govt.
undertakings
• Fluent in Hindi and English ;
Proficiency in use of Tally
Number of Experts
One for each zone
[For Team Leadership, the expert
must possess leadership qualities and
must have been a team leader /Dy.
Team Leader in any projects]
[B] Positions Unique for each unit under the Cluster [Firms must propose separate
experts for each position for each unit under the cluster]
Senior Accountant
One for each
• CA (Inter)/ Cost & Management
division office
Accountant (Inter) with 1 years
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Experts Title
Qualifications, Skills and Experience
working experience / M.Com. with
over 5 years experience in
maintenance of accounts.
• Fluent in Hindi and English,
Proficiency in use of Tally;
• Must have worked in at least 1
assignment with a govt.
Undertaking
Number of Experts
f. Responsibilities of different Parties
In addition to above, the CA firms shall be responsible for following:
i. Each CA firm would open a project office at each PHED Zonal Town (only one office at
the PHED Zonal HQ). Setting up of this project office is the responsibility of the agency.
This Project Office would be the office to coordinate the assignment of all units under
that zone and for exchange of correspondence;
ii. Hire services of the agency/ agencies/ person
personss to supply, install and maintain Tally
software in each district office.
iii. Provide one computer, printer and UPS to the accounts department in all division and
state offices;
iv. The agency will ensure purchase of single user latest version of Tally software for
fo each
district.
v. Hire services of the agency/ agencies/ persons to provide 6 day training on ‘basics of
computers’ and Tally software to the accounts personnel at each district falling within
the unit allotted to it. The training module shall be developed in consultation with the
nodal officer nominated by PHED.
vi. Arrange its own communication facilities and equipment necessary for completion of
the assignment;
vii. Consumables (Printing Cartridges, Printing Paper etc.) required for computers and
printers.
viii. Ensure the Team Leader and Finance Specialist nominated for the cluster visits at least
two days in each division to guide and support the Senior Accountant posted there, and
provide any other assistance required.
ix. Arrange all staff including staff for data entry and validation using Tally;
x. Arrange for all transportation and travelling required for the assignment;
xi. Arrange training material, printouts, etc. as required for implementing of DESA;
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xii. Arrange for all stay, lodging, boarding, and food arrangements.
xiii. Arrange necessary number of laptops as required and the software, printers, data
storage devices.
g. Review and Monitoring of the Assignment
The performance of the agency will be judged on the basis of work done against the agreed
work plan. The agency will prepa
prepare
re quarterly activity plans and share it with BTAST/ PHED. A
joint monthly review mechanism will be put in place and represented by core members of
BTAST, PHED and the agency. The review of the progress and plan for future action will be
decided therein. In
n case, PHED has any objections related to assignment deliverables, it will
inform the agency in writing. The agency will comply with the recommendation made by PHED
and accordingly complete the assignment at no additional cost.
h. Duration of Assignment
The period of the assignment will be for the period upto 31 March 2016.
i. Payment Schedule
This is both an input-based
based and an output
output-based Contract.
Output-based:
On submission and approval of:
i.
ii.
iii.
Inception Report: 10% of contract value
Submission of financial statements for 31
31-03-2015,
2015, 20% of contract value
Submission of financial statements for 31
31-03-2016,
2016, 20% of contract value
Input-based:
50% of the contract value shall be paid in bi
bi-monthly
monthly instalments based on the input of the Staff
and on submission of certified Attendance sheets of (a) Team Leader & Finance Specialist and
(b) Senior Accountant; and the monthly progress report.
********
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Annexure – A
Technical Specifications of Computer
1. Computer:
a. Brand
b. Type
c. RAM
d. Hard Drive Device
e. Processor
f. Operating System
g. Screen Size
h. DVD Recorder
i. Optical Mouse
j. 104 keys Keyboard
:
:
:
:
:
:
:
HP, Compaq, Dell, Lenovo, Acer, HCL,
Desktop
2 GB
500 GB, 5400 rpm
3rd Generation Intel Core i3 – 3220
Windows 8
18 -20 inches
2. Printer:
a. Brand
b. Printer Output
c. Internal Memory
d. Print Resolution
e. Print Speed
f. Input Tray Capacity
g. Output Tray Capacity
h. Output Tray Type
i. Media Size Support
:
:
:
:
:
:
:
:
:
Cannon, HP, Samsung, Toshiba, Dell, Xerox
Monochrome
2 MB
600 X 600 dpi
14 PPM
150 sheets
100 sheets
Face down
A4, A5, A6, B5, C5, DL
3. UPS:
a. UPS Type
b. Input Voltage
c. Output Voltage
d. Battery Type
e. Battery Backup
f. Storage Capacity
g. Recharge Time
: Sine Wave
: 140 – 300 Volts AC
: +/ (-) 10%
: 12V/ 9AH
: 30 mins
: 800 VA/ 400 W
: 8 hours
******
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DRAFT CONTRACT DOCUMENT
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CONSULTANT AGREEMENT
This Agreement is dated as of ____________, 20__ between Cooperative for Assistance and Relief Everywhere, Inc a
United States nonprofit corporation through its office __________________[name and address of country office]
("CARE") and __________________________
___________________________ a corporation incorporated under the laws of ________________
_______________
with its principle place of business at _________________________________
_________________________________ (the “Vendor”) for good
go and valuable
consideration, the sufficiency of which the parties hereby acknowledge, agree as follows:
1)
Governing Law.. This Agreement shall be construed and enforced in accordance with, and governed by the
laws of _____________ [country
country where Country O
Office is located],
], without regard to its choice of law rules.
2)
Scope of Services. Vendor shall complete the Services, including providing any specified deliverables, and be
provided compensation as described in Schedule A, as modified in writing by the parties
arties from time to time. All
Services shall be of the best industry standards, conforming to or exceeding all specifications provided by
Vendor. If risks of personal safety are a part of the Services, Vendor shall execute the release set forth in
Schedule B.. Time is of the essence and delivery of Services shall be strictly in accordance with this Agreement.
In the event of a dispute between the parties, CARE may withhold payments due the Vendor until a settlement has
been reached. The compensation and currency hereunder shall not change regardless of exchange rate
fluctuations, except as CARE may otherwise agree in writing.
3)
Ownership of Work. Vendor certifies that all materials created hereunder for CARE [other than materials preexisting
this Agreement and prepared for other customers] shall be original work and that no third party shall hold rights in or to
the Services. Vendor agrees: (a) all rights to the Services shall belong to CARE and be deemed work for hire; and (b)
on CARE’s request,
quest, Vendor shall provide CARE all materials containing the Services, including deliverables, and any
documentation required to show CARE’s ownership of the Services.
4)
Confidential Information. During the term hereof and for three years afterwards, ex
except
cept as specifically set forth
herein to perform the terms of this Agreement, neither party shall disclose confidential information of the other
party to any third-party
party or make use of such confidential information for its own purposes without the owner's prior
written consent. Confidential information shall mean any information (written, oral or observed) relating to: (a)
donors or potential donors; (b) participants; (c) employees; (d) business or strategic plans; (e) finances; or (f) a
relationship with any
ny governmental entity; and shall also include information specifically designated confidential by
the owner or that the disclosing party knows or reasonably should know is not public. Confidential information
does not include any information generally kn
known
own to the public or readily obtainable from public sources. Further,
confidential information may be disclosed to government authorities if the disclosure is required by law and the
disclosing party has provided the owner notice and, if practicable, a re
reasonable opportunity to defend
against such disclosure. Upon the termination or expiration of this Agreement, Vendor shall destroy or return
such information of the other party in its possession, including copies and notes, and in the case of destruction, at
the owner’s request shall certify to such destruction. Neither party shall use the other party’s name or marks in any
form of publicity or publicly disclose information relating to its Services without the other party's prior written consent.
Neither party
arty shall publicly disparage the other.
5)
Conduct. Vendor shall comply with all laws and regulations applicable to its performance hereunder. Vendor and
its employees shall maintain and comply with a written code of conduct that prohibits giving anything of value,
directly or indirectly, to any person or entity, including government officials or CARE staff, in the form of a bribe or
kickback; establishes appropriate limitations on transactions with relatives of Vendor employees or businesses or
ventures related
lated to Vendor or its employees; and otherwise properly governs the performance of its employees
engaged in soliciting, awarding or administering contracts, and receiving gifts. Vendor shall inform CARE in
writing of any violations relating to its obliga
obligations
tions hereunder. Vendor certifies that it has not knowingly provided
and will not knowingly provide, in violation of applicable laws, material support or resources to any individual or
organization that advocates, plans, sponsors, engages in, or has engage
engaged
d in an act of terrorism. Vendor shall
comply with industry best practices to avoid exploitation of child labor and shall not discriminate on the basis of
race, ethnicity, religion, national origin, gender, age, sexual orientation, marital status, citizenship
citizen
status, disability,
or military status. While on CARE premises or working for CARE, Vendor shall comply with: (a) the office and security
policies and directives of CARE; (b) CARE's policy prohibiting harassment and discrimination; and (c) such other
polices as CARE may make known to Vendor. The parties are independent contractors of each other, and: (a) each
party is responsible for all payments relating to its Services, including without limitation, social security, income tax
withholding, unemployment
ent payments and insurance; (b) neither party is an agent of the other, has the authority to
enter into any contract or obligation on behalf of the other party; and (c) nothing herein shall create an
employer/employee relationship, partnership or joint ven
venture
ture between the parties, or between one party and any
employee of the other.
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6)
Indemnity. The Vendor assumes all liability for all loss, damage, cost and expense arising out of or in any way
connected with the operation or performance of, or the failure tto
o perform, any duty, obligation, or activity on the
part of the Vendor, its subcontractor(s), agent(s), or employee(s) in connection with this Agreement. The Vendor
further agrees to defend, indemnify and hold harmless CARE and the officers, agents and employees
em
of CARE
and such entities from all loss, damage, cost and expense, including all reasonable attorneys' fees, arising from or
in any way connected with the operation or performance of, or failure to perform, any duty, obligation, or activity
on the part of the Vendor, its subcontractor(s), agent(s), or employee(s) in connection with this Agreement.
Agreement The
parties shall first try to resolve any controversy or claim arising out of or relating to this Agreement, or the breach
or alleged breach thereof, by good faith negotiation among senior managers unrelated to the dispute, and failing
that, by arbitration. The parties shall select a mutually acceptable arbitrator and work in good faith with the
arbitrator to resolve the dispute. To the extent permitted by law, the arbitrator’s decision shall be final and binding
and may be entered in any court having competent jurisdiction. This paragraph shall survive the completion or
termination of this Agreement.
7)
Invoice Statements and Adjustments. Vendor shall provide
ide CARE with periodic and final invoice statements
indicating Services performed, expenses incurred (if reimbursable pursuant to Schedule A), past payments made and
any other information CARE shall reasonably request. Vendor shall provide a final invoice statement whenever
requested by CARE up to sixty (60) days after the date set for the completion of the Services on Schedule A. The
receipt or payment by CARE of any invoice shall not preclude CARE from questioning the correctness thereof at any
time. Iff any invoice is found to be incorrect, that invoice shall be corrected immediately and an appropriate payment or
adjustment made between the parties. Vendor shall keep complete and accurate records relating to this Agreement
and providing a basis for the invoice statements to CARE. During the term of this Agreement, and for three (3) years
thereafter, CARE, Donor if any, or their agents, during normal working hours, shall have full and free access to inspect
and make extracts from such records, provided tthat
hat CARE or Donor shall provide Vendor at least seven (7) days
prior written notice. If any such examination and audit shall disclose any deficiency of five percent (5%) or more for
the period audited, the Vendor shall pay, in addition to such deficienc
deficiency,
y, the reasonable cost of such examination and
audit.
8)
Expiration and Termination. This Agreement shall expire thirty (30) days after the date set forth on Schedule A for
the completion of the Services. CARE may terminate this Agreement at any time for a
any
ny reason, upon fifteen (15)
days prior written notice to the Vendor. On receipt of such notice, Vendor shall discontinue all Services, and
terminate any subagreements hereunder, unless the notice otherwise provides. Upon such termination not
involving a breach
reach of Vendor’s obligations hereunder, full and complete settlement of all Vendor’s claims shall be
made as follows: a) Vendor shall be paid full compensation for Services properly performed prior to the
termination date and materials relating thereto ap
approved by CARE, such as work-in-progress,
progress, plans, drawings,
and specifications, and b) title shall vest in CARE for any such materials for which CARE has paid. Certain
obligations by their content shall survive any termination or expiration of this Agreemen
Agreement,
t, including in sections 3
through and including 9 hereof.
9)
Entire Agreement. This Agreement, together with its attachments, states the complete agreement of the parties
and supersedes any prior or contemporaneous agreements, whether oral or written, wi
with
th respect to the subject
matter hereof. This Agreement may not be amended or modified except by a writing signed by all parties hereto.
All attachments are incorporated by reference herein and form a part of this Agreement. Failure by CARE to
insist upon
n strict compliance with any of the terms, covenants, or conditions of this Agreement shall not be
deemed a waiver of such terms, covenants, or conditions, nor shall any specific waiver or relinquishment be
deemed a blanket waiver or relinquishment of such right or power. No waiver shall be binding unless in writing
and signed by the party granting the waiver. If any provision of this Agreement shall be held invalid, illegal or
unenforceable, then the validity, legality and enforceability of the remaining provisions of this Agreement will not in any
respect be affected or impaired thereby. This Agreement, and the duties to be performed hereunder, shall not be
assigned, in whole or in part, except with the prior written consent of the other party. No provision
provis
of this
Agreement shall in any way inure to the benefit of any third
third-party
party so as to constitute such party as a third-party
third
beneficiary of this Agreement or any one or more of the terms hereof, or otherwise give rise to any cause of action
in any party not a party hereto.
10) Donor Regulations. If this Agreement is funded with donor (“Donors”) funds, certain donor requirements may
apply. CARE will notify you regarding these additional requirements. Requirements for US Government (USG)
donors:
value-added
added taxes and custom duties (not
a) Vendor shallll provide CARE with a report on or before April 1 of value
sales tax) valued at $500 or more charged by the government on purchases hereunder during the prior fiscal
year (October to September), and any reimbursement of such taxes or duties by the government.
Alternatively, Vendor may itemize such taxes and/or duties on individual invoices submitted to CARE.
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b)
c)
d)
e)
f)
This Agreement shall be terminated immediately if the USG terminates or suspends funding to CARE. All
Services, including any deliverables, rendered prior to that date pursuant to the terms hereof will be paid to
Vendor on a prorated basis.
Vendor certifies that neither it nor its officers, board members or key staff is barred, suspended, proposed
for debarment, ineligible,
ligible, or otherwise excluded from doing business with the USG or its agencies or
departments.
These provisions must be passed to Vendor’s lower tier Subcontractors.
At CARE’s request, Vendor shall sign any certificates or documents and such take actions
action as are required
by the donor.
In addition to the foregoing, depending on the USG funding, Vendor is required to comply with the
requirements contained in the following referenced publications
i)
Non-US Vendor:: Mandatory Standard Provisions [MSP]. See
http://www.usaid.gov/policy/ads/300/303mab.pdf
http://www.usaid.gov/policy/ads/300/303mab.pdf. US Vendor:
(1) 22 CFR 226 - Administration of Assistance Awards to US Non
Non-Governmental
Governmental Organizations
(USAID) http://www.access.gpo.gov/nara/cfr/waisidx_04/22cfr226_05.html
http://www.access.gpo.gov/nara/cfr/waisidx_04/22cfr226_05.html;
(2) 22 CFR 228 – Rules on Source, Origin and Nationality for Commodities & Services Financed by
USAID http://www.access.gpo.gov/nara/cfr/waisidx_04/22cfr228_05.html
http://www.access.gpo.gov/nara/cfr/waisidx_04/22cfr228_05.html;
(3) USAID’s Mandatory Standard Provisions for US, Nongovernmental Recipients (“MSP”) at
http://www.usaid.gov/policy/ads/300/303maa.pdf
http://www.usaid.gov/policy/ads/300/303maa.pdf.
ii) U.S. Federal Acquisition Regulation (“FAR”) at http://acquisition.gov/far/index.html [Vendor may be
required to have additional insurance for its workers performing hereunder outside the US and provide
CARE evidence of such insurance. USG waivers may be available if workers are not US citizens or
residents and receive adequate protection.]
iii) USAID Acquisition Regulation (AIDAR) at http://www.usaid.gov/policy/ads/300/aidar.pdf
iv) Centers for Disease Control: http://www.access.gpo.gov/nara/cfr/waisidx_07/45cfr74_07.html
http://www.access.gpo.gov/nara/cfr/waisidx_07/45cfr74_07.htm [Vendor
cannot use funds provided by the USG to lobby for, promote or advocate the legalization or regulation
of prostitution as a legitimate form of work. Vendor must obtain a written declaration to such an effect
from its subcontractor(s).]
v) Bureau of Population, Migration and Population:
http://www.access.gpo.gov/nara/cfr/waisidx_09/22cfr145_09.html
COOPERATIVE FOR ASSISTANCE
AND RELIEF EVERYWHERE, INC.
VENDOR
DBA __________________[name of country office]
By: _______________________________________
By: ____________________________________
Name: _____________________________________
Name: __________________________________
Title: ____________________________
______________________________________
Title: ___________________________________
Date: ______________________________________
Date:____________________________________
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SCHEDULE A
1.
Scope of Services. Vendor shall perform the following duties:
[DESCRIBE SCOPE OF WORK/
WORK/SERVICES AND DETAILED DELIVERABLES]
Time. Vendor shall start Services on: [INSERT DATE HERE]
All Services shall be completed by: [INSERT DATE HERE]
Assigned Employees. If names of Vendor's employees are filled in below, then Vendor agrees that these
employees shall perform the duties under this Agreement, unless CARE shall otherwise agree.
[INSERT NAME(S) OF ASSIGNED EMPLOYEE(S), IF APPLICABLE.]
Contacts. Unless a party shall otherwise advise in writing, the contacts for this Agreement are:
CARE Contact Person.
Vendor Contact Person.
Name
Title
CARE Country Office
Name
Title
Country Office
Address
Country
Tel:
Email:
Address
Country
Tel:
Email:
Any specific Donor requirements:
For USG funding:
Non-US Vendor:: All Services, including any deliverables, must originate from insert Country Name and
Vendor must be a citizen of that country, unless CARE otherwise approves in writing.
US Vendor:: All Services, including any deliverables, must originate from the United States or insert Country
Name and Vendor must be a citizen of the US that countr
country,
y, unless CARE otherwise approves in writing.
2.
Compensation. Vendor shall receive the following compensation for the Services and any deliverables:
[Specify total sum or breakdown of partial payments]
3.
Expenses. Vendor shall be reimbursed reasonable expenses for:
[DESCRIBE EXPENSES]
No reimbursable expense in excess of _________ [Amount] (currency___) shall be incurred without CARE's
prior written approval. If Vendor travel reimbursement shall be made under tthis
his Agreement, then Vendor
shall follow CARE's travel policies and be subject to CARE per diem rates.
4.
Manner of Payment. Vendor's compensation and reimbursable expenses shall be paid by check thirty (30) days
after receipt of proper approved invoice,, unless the parties otherwise agree in writing.
5.
Good Faith Estimate of Total Payments. The following is a good faith estimate of the total payments to be
made by CARE under this Agreement:
Compensation (Section 2 above):
[currency] _________________________
Reimbursable expenses (Section 3 above)
[currency] _________________________
Total Sum of Agreement
[currency] _________________________
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Schedule B
Vendor Release
(Make copies as needed for each Vendor employee)
In connection with Vendor’s Services, Vendor and its employees may encounter difficult conditions and hazards.
CARE requires that Vendor all insurance Vendor considers appropriate, including emergency medical evacuation
coverage, to protect itself and its employees against the risks inherent in the Services. Vendor further agrees each
of its assigned employees who will travel to perform Services has reviewed and executed the below disclosure and
release, which Vendor will provide to CARE.
Vendor Release
I agree that in that the course of my Services and travel to and from CARE missions or projects, I may encounter
extremely difficult travel conditions and be subjected to hazards and risks, foreseen and unforeseen, including the
dangers of delays, illnesses,
sses, injuries, death or kidnapping, or the loss of, or damage to, my property (collectively,
each an “injury”). I recognize that CARE, its employees and agents cannot ensure my safety or that of my property.
I am aware that such injuries may be caused by a variety of difficulties of travel, including, without limitation, natural
causes, poor sanitation, infectious diseases, the activities of animals, trip members, CARE personnel and agents,
other persons and war or civil disturbances, and that such inj
injuries
uries may result from negligence or other causes. I
appreciate that I may be called upon to exercise extra care for my own person as well as for others around me. I
understand that there may not be rescue or medical facilities or expertise necessary to d
deal
eal with the hazards to which
I may be exposed. I understand that these risks exist and notwithstanding them I wish to participate in this work and
travel hereunder.
I confirm that I have read the foregoing and voluntarily assume all such risks occurrin
occurring
g in connection with the
Services and travel hereunder and so hereby waive, release and discharge all such claims against CARE (which
includes its officers, agents and employees and its and their respective heirs, legal representatives, successors and
assigns)
gns) to the extent permitted by applicable law. This Agreement shall bind my heirs, executors, administrators and
assigns.
___________________________________
Signed by:
_________________________________________
Print Name:_______________________________
Person to contact in case of emergency:
Name:________________________________
Relationship:__________________________
Title:_____________________________________
Address:_____________________________
Address:__________________________________
________________________________________
_____________________
_______________________________________
Ph #: Home:_______________Work:______________
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SCHEDULE OF PRICES
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INVOICE FORMAT
(To be given on letter head of the firm)
INVOICE
Invoice No:
To:
CARE India,, Solutions for Sustainable
Development, New Delhi
For Attention of Mr. -----------------------------------------, Contract
Officer
Invoice Date:
IT PAN No:
Service Tax Reg. No:
Consultant Ref. No:
Contract For:
Contract No.:
Period of Consultancy:
Start Date: ___________
End Date: _____________
Period Covered by this Claim
From: ________________
To : _________________
Maximum Contract Value: _____________
_____________Total Amount Received: _____________
Claims Made Amount: _______ Date_______ Invoice No._______ Date Received_______
Amount: _______ Date_______ Invoice No._______ Date Received_______
INVOICE PARTICULARS
Amount
Tax (if any)
(Rs.)
(Rs.)
GRAND TOTAL
Cheques to be drawn in the name of:
This invoice is in respect of a supply of services to CARE India,, Solutions for Sustainable Development,
and is addressed purely for payment purposes. I certify that the amounts claimed in this invoice have
been wholly and necessarily incurred for the purp
purpose
ose of the engagement and have not been claimed
before.
___________________
Signature of Consultant
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