Empanelment for CA Firms for Audit of BSES Rajdhani Power Limited

APPOINTMENT OF C&AG EMPANELLED AUDITORS FOR REGULATORY AUDIT OF BOOKS OF ACCOUNT OF BRPL FOR TRUE-UP OF FY 2020-21

1) Delhi Electricity Regulatory Commission, Viniyamak Bhawan, C-Block, Shivalik, Malviya Nagar, New Delhi (hereinafter referred to as “DERC” or “The Commission”) intends to appoint C&AG Empanelled Auditors (hereinafter referred to as “Consultant”) for Regulatory Audit Assignment (hereinafter referred to as “Assignment”) of Books of Account of BSES Rajdhani Power Limited (BRPL).

2) The scope of work, as indicated in Annexure-1 herewith, is Regulatory Audit of Books of Account and reconciliation of various regulatory formats with schedules / notes to the account of Audited Financial Statement as per Companies Act for the purpose of true up of FY 2020-21.

3) The Consultant is also expected to critically examine the parameters of Aggregate Revenue Requirement (ARR) in accordance with the Regulations, directives and policies issued by the Commission from time to time.

4) At the end of the contract period for this work for FY 2020-21, the contract may be further extended on year-on-year basis for a maximum of two years on the same terms and conditions subject to satisfactory performance of the Consultant.

5) The list of broad activities that need to be undertaken is enclosed as Annexure-1. The said list of activities is purely for the purpose of guidance and is not exhaustive. During the tenure of the Audit work, if the Commission feels any necessity of additional activity (s), may widen the scope of activity (s) within the purview of Regulatory Audit at no extra cost. Such activities may include any specific issue(s) pertaining to previous year(s).

6) The Consultant is expected to make themselves fully aware of Applicable Laws and Regulations. An indicative list of Applicable Laws/Regulations is enclosed as Annexure-2.

7) The Commission has carried out Regulatory Audit of Delhi DISCOMs in past three years (FY 2016-17, FY 2017-18 and FY 2018-19). As such, the parties who have conducted the assignment for the specific DISCOM in the past have been barred from the participation in that respective DISCOM only in present tender.

8) The Notice Inviting Tender (NIT) Dated 22/11/2021 is for four (4) separate Tenders for Regulatory Audit of different DISCOMs. There is no restriction for the bidder(s) to participate in more than one Tender. Each Tender shall be evaluated separately and the same will be awarded to the Successful Bidder. After evaluation of the Tender, in case a bidder is found to be emerging successful in more than one (1) Tender, then in that case, awarding the Regulatory Audit assignment for more than one (1) DISCOM to that bidder will be based on the preference provided by the relevant bidder in the Format enclosed at Annexure-7. However, awarding the Regulatory Audit assignment for more than one (1) DISCOM to any bidder will be to the jurisdiction of the Commission and decision of the Commission shall be final and binding.

9) If any bidder participates in more than one Tender for each DISCOMs, then the bidder shall mandatorily identify and provide separate set of manpower as mandated in this Tender. Bidders are required to submit their separate bid proposals accordingly with separate EMDs. If upon opening of Technical bids of a bidder, it is found that in all submitted tenders, same set of manpower have been indicated in more than one bid, then it is upon the discretion of the Commission to qualify one such bid proposal of that bidder and disqualify from rest all the bid proposals.

10) The consultant shall be required to collect any additional information/data from DISCOMs that may be felt necessary for completion of the assignments. The Consultant shall depute its officers in the respective offices of the DISCOMs with Authorization Letter of the Commission for completion of the assignment as per Commission’s schedule.

11) The Consultant shall make presentations to the Commission, for demonstrating the progress and better understanding of the task on weekly basis. During such presentations, complete manpower indicated in the Technical Bid has to be present and the consultant has to modify its working as intimated by the Commission through various correspondences issued after presentation.

12) In case the Consultant fails to fulfill its obligations satisfactorily, the Commission would be entitled to invoke the Performance Bank Guarantee furnished by them and the amount mentioned in the Performance Bank Guarantee shall stand forfeited.

13) The Consultant shall adhere to the time schedule as prescribed in this Tender and complete the work within the said stipulated time frame, failing which the Consultant would be liable for a penalty which may go upto Rs. 7000/- per day, subject to a maximum of 10% of entire value of contract, for each day of delay beyond the time stipulated in this Tender, provided that each day of delay beyond time schedule is attributable solely to the Consultant. The Commission’s decision in this matter shall be binding on all parties.

GENERAL TERMS AND CONDITIONS

14) The Bidder shall submit the certificate of empanelment with Comptroller and Auditor General of India (C&AG) for FY 2021-22.

15) Any Bidder bidding individually or as a member of a Consortium shall not be entitled to submit another bid either individually or as a member of any other Consortium, as the case may be in each DISCOM-wise tender.

16) Change in Consortium shall not be permitted after bid submission.

17) In case the Bidder is a Consortium, then the term Bidder shall include each Member of such Consortium and the members thereof, shall furnish a Power of Attorney in favour of the Lead Member (C&AG Empanelled Audit firm shall be the lead firm for bidding) in the format enclosed as Annexure-3.

18) A Bidder shall not have conflict of interest (the “Conflict of Interest”) that affects the Bidding Process. Any Bidder found to have Conflict of Interest shall be disqualified.

19) A Bidder shall be deemed to have a Conflict of Interest affecting the Bidding Process, if:

i) The Bidder, its Consortium member or Associate (or any constituent thereof) of any other Bidder, its constituent member or any Associate thereof (or any constituent thereof) have common controlling shareholders or other ownership interest;

Provided that this disqualification shall not apply in cases where the direct or indirect shareholding or ownership interest of a Bidder, its Consortium member or an Associate thereof in the other Bidder, its Consortium member or Associate, is less than 5% (five percent) of the subscribed and paid-up Equity Share Capital thereof;

Provided further that this disqualification shall not apply to any ownership by a bank, insurance company, pension fund or a public financial institution referred to in sub- section (72) of section 2 of the Companies Act, 2013.

For the purposes of this Clause, indirect shareholding held through one or more intermediate persons shall be computed as follows:

(a) Where any intermediary is controlled by a person through management control or otherwise, the entire shareholding held by such controlled intermediary in any other person (the “Subject Person”) shall be taken into account for computing the shareholding of such controlling person in the Subject Person; and

(b) Subject to sub-clause (a) above, where a person does not exercise control over an intermediary, which has shareholding in the Subject Person, the computation of indirect shareholding of such person in the Subject Person shall be undertaken on a proportionate basis;

Provided, however, that no such shareholding shall be reckoned under this sub-clause (b) if the shareholding of such person in the intermediary is less than 26% of the subscribed and paid-up Equity shareholding of such intermediary; or

ii) A constituent of such Bidder is also a constituent of another Bidder; or

iii) Such Bidder, its Consortium member or any Associate thereof receives or has received any direct or indirect subsidy, grant, concessional loan or subordinated debt from any other Bidder, its Member or any Associate thereof; or

iv) Such Bidder has same legal representative for purposes of this Bid as any other Bidder; or

v) Such Bidder, or any Associate thereof, has a relationship with another Bidder, or any Associate thereof, directly or through common third party/parties, that puts either or all of them in a position to have access to each other’s information about, or to influence the Bid of either or each other; or

vi) There is a conflict among this and other consulting assignments of the Bidder (including its personnel and sub-consultants) and any Affiliates. While providing consultancy services to the Commission for this particular assignment, the Bidder shall not take up any assignment that by its nature shall result in conflict with the present assignment.

vii) For purposes of this Bid, Associate in relation to the Bidder shall mean a person who controls, is controlled by, or is under the common control with such Bidder. As used in this definition, the expression “control” means, with respect to a person which is a company or corporation, the ownership, directly or indirectly, of more than 50 percent of the voting shares of such person, and with respect to a person which is not a company or corporation, the power to direct the management and policies of such person by operation of law or by contract.

ELIGIBILITY CRITERIA

20) The consultant shall meet the following eligibility conditions:

(a) C&AG Empanelled firms for FY 2021-22.

(b) Minimum Average Annual Turnover for last three years shall not be less than Rs.1,00,00,000/- (Rs. One Crore) (Average of FY 2020-21, FY 2019-20 and FY 2018-19)

(c) Specified minimum manpower with minimum experience mandated in Annexure – 8.

(d) Well-versed with the audit of Books of Accounts of Distribution Licensees or similar nature assignments for Distribution Licensees.

21) Each Bid proposal shall be submitted in a sealed envelope super-scribing on the top of the Envelope “Appointment of C&AG Empanelled Auditors for Regulatory Audit of Books of Account of BRPL for True-up of FY 2020-21” containing the followings in three (3) separate sealed envelopes, duly super-scribing its contents as per the following:

(a) Earnest Money Deposit (EMD) of Rs. 10,000/- (Rupees ten thousand only) through Pay Order/Demand Draft/NEFT/RTGS in favour of “The Secretary, DERC”, payable at New Delhi in:

Bank Account No. – 90941010003951
Bank – Canara Bank
IFSC Code – CNRB0001387
MICR Code – 110015022

Bidder who chooses to submit required EMD through NEFT/RTGS, then he has to necessarily enclose the proof of such Transaction for EMD in a sealed cover duly signed by bidder’s authorized signatory.

(b) Technical Bid

(c) Financial Bid

22) The Bidder shall authorize one person as Authorized Signatory through Power of Attorney duly notarized by the Notary Public on a non-judicial stamp paper of Rs. 100/- indicating that the person signing the bid has the authority to sign the bid/ enter the contract with the Commission and that the bid/ contract is binding upon the Bidder during the full period of its validity, shall be submitted. In the event of any change in the Authorized Signatory during any stage of the bid process, the Bidder shall furnish the fresh Power of Attorney indicating the new Authorized Signatory for the purpose of the assignment.

23) Each page of the bid shall be numbered and signed by the Authorized Signatory with the official seal of the Bidder/firm and the forwarding letter must indicate the details of the enclosures.

24) The Bidder shall submit the bid proposals in Triplicate, comprising one set of the Original Bid and Two sets marked as Duplicate & Triplicate.

25) Each bidder shall submit period of validity of the bid document, which shall not be less than 180 days from the scheduled/notified date of opening of bids.

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