Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

Uci 06022018

Download as pdf or txt
Download as pdf or txt
You are on page 1of 23

URANIUM CORPORATION OF INDIA LIMITED

(A Govt. of India Enterprises)


P.O.: Jaduguda Mines, CIN: U 12000 JH 1967 GOI 000806
Website: www.ucil.gov.in Phone No: 0657-2730122/2730222
Distt: East Singhbhum FAX No.: 0657-2730322.
Jharkhand, PIN: 832102.
Ref No.: NIT NO.: UCIL/IA/AC/2017-18/03 Dated 15.01.2018.

N.I.T. No. JAD/AC - 03

Uranium Corporation of India Ltd., Jadugoda, invites sealed public tender for engaging
Chartered Accountant / Cost Accountant Firms for Accounting & Taxation Services as per
following:

1. Name of Work Engagement of Chartered Accountant /Cost


Accountant firms for Accounting & Taxation
services for Uranium Corporation of India
Ltd., Jadugoda/Tummalapalle.

2. Estimated value of work Rs. 36,81,000/-

3. Period of Contract Initially for one year and may be extended for
further one year .

4. EMD to be deposited with tender Rs. 37,000/-

5. Date for submission of tender Up-to 06.02.2018 AT 3.00PM


documents

6. Date and time of opening of tender 06.02.2018 at 3.30PM


(Envelop -1 only)

Interested parties may download the tender document containing all detailed condition of
tender, technical and price part etc from websites: www.ucil.gov.in . Any corrigendum/
extension to above shall be given in the said websites only. It is an e-tender and to be filled in
ON-LINE mode only and physical form is not acceptable. Full detail, terms & conditions etc is
available in the downloaded tender documents. EMD cost should be in the form of demand
draft only in favour of Uranium Corporation of India Ltd. payable at Jadugoda. Tender received
without EMD will summarily be rejected. Conditional tender will be disqualify.

Dy. G. M. (Accounts)/H.O.D.(Finance)
Uranium Corporation of India Limited

1
URANIUM CORPORATION OF INDIA LIMITED
JADUGUDA MINES
DIST: EAST SINGHBHUM
JHARKHAND – 832102.
PHONE NO. 0657-2730122/ 2730222
FAX NO.: 0657-2730322

TENDER DOCUMENT
FOR

NIT NO . JAD/AC – 03

FOR

``APPOINTMENT OF CHARTERED ACCOUNTANT / COST ACCOUNTANT


FIRMS FOR ACCOUNTING & TAXATION WORK AT URANIUM
CORPORATION OF INDIA LTD”.

2
TABLE OF CONTENTS

Clause Title Page No.

I Introduction 4

II Pre Qualification Criteria 5

III Information to be given by Bidders 6

IV Bid Opening and Evaluation 6-7

V Late Bids 7

VI Period of Contract. 7

VII Manpower Requirement 7

VIII Scope of work 8-10

IX Earnest Money Deposit 10

X Security Deposit 11

XI Travelling, Boarding & Lodging . 11

XII Payment terms 11

XIII General Terms & Conditions of Contract 11-12

XIV Other Terms & Conditions 12-13

XV Penalty Clause 13

XVI Force Majeure 13

XVII Failure and Termination 13

XVIII Arbitration and Legal Jurisdiction 14

Bank Guarantee format for Security Deposit 15-18

Undertaking format for not to give any Gift etc. 19

Secrecy /Confidentiality Agreement. 20-22

Price Bid Format 23

3
I. INTRODUCTION

Financial Accounting & Reporting Systems at UCIL:

UCIL maintains Books of Accounts as required under the applicable regulations


and statutes. The Company has detailed financial/system manuals covering major
areas of business operations viz., Accounting, Costing, Internal Audit, Personnel,
Stores, Purchase, Works, etc. having corporate office at Jadugoda. Annual
Financial Statements are prepared at the corporate office after compilation of the
financial statements of the company as a whole. UCIL is using in-house
developed/customized IT applications based on hybrid platforms (viz, Oracle,
COBOL, FoxPro etc.) for Accounting, MIS and other business processes. There is
an on-line financial accounting system at all the accounting units to capture and
process accounting data as per Ind AS system.

4
II.- PRE QUALIFICATION (PQ) CRITERIA

CA/CMA firms possessing the following PQ criteria are invited to submit


documentary evidences in support of the same.

Sl PQ criteria Documents Required


No
1. The firm of Chartered/Cost Accountants (i)Copy of firm registration certificate (FRC)
should not be less than FIVE years old as on issued by the institute of Chartered /Cost
date of tender and must have one branch Accountants of India and ,
office at Hyderabad/ Bangalore and minimum (ii)Copy of certificate of practice of all the
number of qualified partners in the Firm must partners of the firm, period with association with
be 10 along with minimum 25 working staff. this firm, detail of staff with qualification.

(iii) Proof of Branch office at


Hyderabad/Bangalore.
2. Firm must have the experience and expertise Copy of work orders received from clients .
in implementing Ind-AS accounting at least in
one PSU (processing/ manufacturing
company) or a large public limited Company
having turnover not less than Rs. 500 crore.
3. Firm must have the experience and expertise Copy of work orders received from clients
in Capitalization of Project having value not
less than Rs. 100 crore in any of the last five
Financial years ending 31.03.2017 of at least
one PSU (processing/ manufacturing
company) or a large public limited Company.
4. The firm should have an exposure in handling Copy of Appointment letter from client .
Income tax matters during previous five years
ending 31.03.2017.
5.. Firm should have average gross receipts of at (i)Copy of Audited Annual Accounts of last three
least RS 100 Lakhs in three previous financial financial years to be submitted in support of
years i.e. 2014-215,2015-16 and 2016-17. gross receipts.

Note:

a) Bidder not fulfilling any of the above PQ criteria need not submit bid as their
bid shall liable to be summarily rejected.

5
III. INFORMATION TO BE GIVEN BY THE BIDDER

a) Name of the bidder firm :


b) Name of partners members :
c) Number of working staff :
d) Address of the firm :
Telephone No. :
Office :
Mobile :
Fax
E-mail Id :
e) Registration particulars of the firm &
Date of formation :
f) Name /Designation /Address of the signatory
Of the bid with letter of authorization, if any :
g) Permanent Account No (PAN)of the firm
h) G.S.T. registration details :
i) Details of experience (in brief ) :
j) Details of professional personnel/ working staff :
k) Details of Bank Account for Payment :

Certified that the information given above is true and if at any time this is found
to be false or misleading the bid /contract shall be liable to be cancelled:
Name :
Signature :
(Capacity in which signed)

IV. BID OPENING AND EVALUATION:

M/S UCIL shall open the bids in the presence of bidders or his authorized
representatives, who choose to attend, at 15:30 Hrs on the due date. The bidder’s
representatives, who will be present shall sign, in the attendance register. Authority
letter to this effect shall be submitted by the bidder before they are allowed to
participate in the bid opening .

6
The technical part containing PQ criteria shall be opened first and Price bid shall be
opened only for qualified bidders and date of opening of Price bid will be communicated
later to only qualified bidders.

All the bids shall be evaluated based on the terms and conditions of this tender to
shortlist the qualified bidders. M/S UCIL shall consider placement of order on the
qualified bidders, whose offer shall be lowest.

U.C.I.L. reserve the right to cancel one or all bids at any time before awarding the work
and decision of Corporation will be final.

V) LATE BIDS:

Any bid received by M/S UCIL after the prescribed date & time for submission of bids,
shall be rejected.

VI.- Period of Contract :


The period of contract shall be for one year from the date of work order. UCIL
reserves the right to extend the contract at same rate, terms & conditions for the
following year subject to certain need based changes in scope of the work.

VII Manpower requirement

1) Minimum 3 (Three) number of fully qualified experienced Chartered /Cost


Accountants (of which at least two must be Chartered Accountant) are required to be
deputed at Jaduguda/Turmadih unit for the Accounting job for full year .

2) Minimum 5(Five ) no of semi qualified Chartered /Cost Accountants (of which at least
four must be Inter Chartered Accountant) are required to be deputed for the Accounting
job. One person is required to be posted at our Tummalapalle (Andhra Pradesh) unit
and balance four persons will be posted at Jaduguda/Turamdih unit in Singhbhum,
Jharkhand.
3) All the deployed manpower should be present at least 22 working days in a month.

4) Firm should take permission from H.O.D.(Finance) before replacement of manpower.

7
VIII.-Scope of Work.
SCHEDULE - I
SCOPE OF ACCOUNTING SERVICES/FUNCTIONS

Compilation of Quarterly/Annual Accounts.


(A) The Accounts is compiled through On –Line Financial System. The Accounts
have to be compiled duly reconciling with the subsidiary ledgers.
1) Looking after various jobs related to Fund section, Salary & Wages section,
Works Accounts section , Purchase Accounts section Price store ledgers and
General Accounts section of all units and Corporate Office.
2) Ensuring proper TDS compliance of all units .
3) The firm should carry out Computerization and system development of
various jobs in Accounts department in consultation with Electronic data
Processing (EDP) department. Programme development will be carried out by EDP
personnel of UCIL.
4) Compilation of Annual Accounts of the Corporation as per Ind AS , as per
Companies Act 2013 and IFC/IFRS , if applicable. To provide guidelines and
assistance for compliance to applicable Laws, Rules & Act in force.
5) Any other work related to Accounts department from time to time and as
directed by HOD (Finance)-Jaduguda.

(B) . Preparation of and submission of M.I.S. Reports


Various MIS reports required are to be compiled and submitted on requirement
basis. The content and type of MIS reports to be prepared shall be carried out as
per the directives of HOD (F).

8
SCHEDULE - II
SCOPE OF TAXATION SERVICES
(A). Taxation

1. Preparation and submission of returns of Income Tax, to appropriate taxation


authorities including revised return, if required with in time as prescribed in the
concerned Law , Act & Rules.

2. Draft of replies in compliance of the notices and other communications


received from the Taxation Authorities.

3. To represent Corporation & appear before Taxation Authorities /Appellate


Authorities for current as well as old pending cases and preparing and submitting
explanation and information asked for time to time.

4. Examination of the Assessment Orders / Appellate orders and advising further


action in the matter.

5. Collecting & preparing information from client office, Preparation and filing of
Appeal before Commissioner of Income Tax (Appeal) / Income Tax Appellate
Tribunal Ranchi.

6. To arrange the refunds due to Corporation from Income Tax department


departments including old pending refunds.

7. To provide expert opinion for the case as and when required by the corporation
under the Income Tax, etc.

8. Filing on line income tax return well in time.

9
(B). Specialized services on Call out basis

Further to above Scope of Work, UCIL wants to avail the special services of Tax
Consultant for representing it in ITAT whenever there is a requirement to pursue
the case in ITAT. (this is part of present scope). The scope of work for this activity
shall include the following:
1. Preparation and filing of appeal/application before ITAT including Drafting
of Grounds of Appeal and Statement of Facts, preparation and filing of written
submissions/paper book.
2. Representing UCIL in hearings by a senior counsel having experience in dealing
with ITAT .
IX. EARNEST MONEY DEPOSIT (EMD):
1. The bid shall be accompanied by EMD of Rs.37,000/-(Rupees Thirty seven
Thousand only) in the form of ‘demand draft’ issued by Nationalized bank
in favour of Uranium Corporation of India Ltd. payable at Jadugoda.
2. No interest shall be paid on EMD. The offer without EMD in any form other
than specified herein above is liable to be summarily rejected.
3. EMD shall be dealt with as follows
a. In case of unsuccessful bidder it shall be returned without interest
immediately after finalization of order.
b. For successful bidders, it will be converted into Security Deposit and
will be return after completion of work.
4. The EMD shall be forfeited if:
a) The bid is revoked during its validity period.
b) The tenderer changes the terms and conditions or prices or withdraw his
quotation subsequent to the date of opening.
c) The tenderer fails to accept the order when placed or fails to commence
work after accepting the order.
d) In case bidder submits false /fabricated documents.

10
X. Security Deposit:

The total amount of Security deposit will be 5% (Five) of the awarded value
of contract price and shall have to be deposited before commencement of
work. Earnest money already deposited will be converted in to Security
deposit and balance amount to be deposited in the form of demand
draft/bank guarantee from any schedule commercial bank in favour of UCIL
in the prescribed format of UCIL. Security deposit will be returned after
completion of the contract.

XI. Travelling ,Boarding & Lodging:


Only Lodging shall be provided by the Company at its colony subject to
availability, at free of cost. Food , T.A / D.A and all other expenses is inclusive in
the rates and Company will not pay any amount on account of it.
XII. Payment terms:
Quarterly payment will be made along with applicable tax and duties. on
submission of Bill after adjustment of TDS etc.
XIII. GENERAL Terms & Condition of Contract.
1. VALIDITY OF OFFERS /FEES

Bidders have to quote the fees strictly as per the Price Bid format. Fees
quoted by the bidders in their bids shall remain firm and valid for the total
contract period or till complete execution of the contract. However, statutory
levies/taxes are payable by UCIL as applicable on prevailing date of actual
render of services on submission of invoice. The offered price should be valid
for a period of 90 days from the date of opening of price bid.

2. RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS:

M/S UCIL reserves the right to accept any bid , and to cancel the bidding
process and rejects all bids , at any time prior to award of contract without
assigning any reasons whatsoever and without thereby incurring any liability
to the affected bidder or bidders on the grounds for the UCIL’s action.

11
3. RELATED PARTY:

Related Parties should not quote for the tender separately. If it is noticed that
related Parties submitted separate quotation, the same shall be liable to be
rejected. Parties are considered to be related if one or more partner /
member are common.

4. INCOME TAX:
Income tax inclusive of surcharge and any other tax if applicable shall be
deducted at source as per rule.
5. Goods & Service Tax (GST) :
Goods & Service tax (GST) shall be paid extra as applicable on the date of
actual render of service and billing on UCIL. Any changes in taxation will be
applicable as per prevailing statutory provisions.

6. SECRECY:

The successful bidder shall not at any time during the tenure of contract or
thereafter disclose any information furnished to them by the company or any
drawings, designs, reports and other documents and information prepared
for this work, without the prior written approval of the company except in so
far as such disclosure is necessary for the performance of the Party’s work
and service hereunder. Successful bidder will be required to enter into
secrecy agreement with UCIL, copy of which is enclosed.

7. The firm shall comply with provisions of payment of wages Act-1938,


workmen’s compensation act 1923, industrial dispute act 1947,epf & mp act
1952 or any other law relating thereto and rule made there.

XIV. OTHER TERMS AND CONDITIONS:

1. Successful bidder shall depute sufficient number of competent staff as


specified for this work at their own cost.
2. Successful bidder shall submit Quarterly report to the HOD (Finance)
Jaduguda.
3. The posted staff may be advised to observe all safety precautions as applicable
to the department in which the work is carried out.

12
4. The company shall not be responsible for any accident caused to your
personnel due to any circumstances happen within or outside the company
premises.
5. Every effort shall be made to complete the work strictly as per scope of work
in time.
6. Successful bidder shall be reporting to HOD (Finance) Jaduguda.
7. Information made available during the course of work shall be used only for
bona fide work relating to work of the company and not for any other
purpose. The person shall not divulge the information made available by the
company or otherwise acquired during the course of engagement to any other
agency.
8. The company reserves the right to accept /rejects any or all the offers without
assigning any reason whatsoever therefore.
9. Necessary insurance coverage for all manpower deployed for this job at UCIL
units shall be taken by the Firm.
10. Estimated cost of the tender is RS.36,81,000/- including travelling and other
expenses , excluding GST.

XV. Penalty Clause for non deployment of manpower: In case of non deployment
of manpower as per manpower requirement clause VII of tender documents,
proportionate recovery of fees as per specific price part item number will be
made. However if the non deployment of manpower is more than 7 days in a
particular month , recovery will be made one and half times (1.5 times) of
specific price part. In case of non deployment of manpower for more than 7
(seven) days in a month continues for more than three months the contract may
be cancelled at the sole discretion of UCIL and Security deposit will be forfeited.

XVI. FORCE MAJEURE:

If at any time during the currency (tenure)of the order , it is not possible to
execute any portion of the work stipulated in the order , due to reasons beyond
control of either UCIL or the bidder , on account of emergency declared by the
government , reasons of go slow , strike or lockout at our/the bidders office ,
war , civil commotion , earth quake , fire , storm, flood, acts of God, acts of any
government , sabotage, riot , police action , revolution unforeseen circumstances

13
or the other hindrances beyond one’s control, there shall be no liability on the
part of the defaulting party for consequential losses

XVII. FAILURE AND TERMINATION:

If the bidder fails in the performance of the contract in the manner and within the
time fixed or there is likelihood of an anticipatory breach of whole or part of the
contract, the company will have the right to rescind the contract by giving one
month notice period.

XVIII. ARBITRATION AND LEGAL JURISDICTION:

All disputes or differences whatsoever arising between UCIL and bidders out of or
relating to the construction, meaning and operation or effect of this tender shall
be settled by the sole arbitrator appointed by the Chairman Managing Director of
UCIL and the award of such arbitrator shall be final and conclusive and binding.
No objection shall be raised on the ground that the arbitrator so appointed is an
employee of UCIL.

14
BANK GUARANTEE FOR THE PERFORMANCE BOND/SECURITY DEPOSIT

Name of the Bank : ----------------------------------------------------------------


Address of the Bank : ----------------------------------------------------------------
Guarantee No. & Date: ----------------------------------------------------------------
Date of Expiry : ----------------------------------------------------------------
Claim Period : ----------------------------------------------------------------
Limit of Liability : ----------------------------------------------------------------

WHEREAS URANIUM CORPORATION OF INDIA LIMITED (herein after


referred to as the CORPORATION) having its registered office at P.O. Jadugoda
Mines &Dist: Singhbhum (East), Jharkhand – 832 102 which expression shall, unless
repugnant of the Context, includes its legal representatives successors and assigns,
have entered into an agreement) herein after referred to as the Agreement) with
______________/(herein after referred to as the CONTRACTOR) having its
registered office at _____________________ which expression shall, unless
repugnant to the Context, include its legal representatives, Successors or assigns, for
____________________________________________________ Package work
______________________________ Letter of Intent No. _______________
____________________________ dated _______________ described in the
Agreement based on the Terms and the Conditions contained in the Agreement and
whereas by the said Agreement Corporation has agreed to pay the Contractor for the
services to be rendered by the Contractor in terms of the said Agreement.
AND WHEREAS, in accordance with the terms of the Agreement, the
CONTRACTOR has to furnish Performance Bond in the form of a Bank Guarantee
(BG) from a reputed Schedule Commercial Bank for
Rs………………………………….. (Rupees ………………………...……………….
Only) being 5% of the total contract value for due performance, fulfillment and
observance of the terms and conditions of the Agreement and further covenanted with
CORPORATION to make good any deficiencies so as to fulfill in all respects the
purposes of which the Agreement is entered into and in accordance with their
operating and other conditions specified and to meet all the requirements specified in
regard there to in the Agreement for the period/periods stipulated in the Agreement.

Now, by this Guarantee, we the CONTRACTOR (as principal) and the


_________________
__________________________
_______________________________________

15
(Name of the Bank) (Name of the Branch with
Address)
Having its head office at
______________________________________________________
(Address of the Head office of Bank)
(herein after called the SURETY) are held and firmly bound up to the
CORPORATION in the sum of Rs…………………….(Rupees
…………………………………………….. only) for the payment of which the
CONTRACTOR and the surety bound themselves, their successors, Legal
representatives and assigns jointly and severely by this presents. This Guarantee will
be in full force irrespective of any change in the constitution of the CONTRACTOR
and/or the SURETY or death or insolvency of the SURETY. Now the conditions of
this guarantee is such that if the CONTRACTOR (as principal) shall duly, faithfully
and punctually perform and observe all the terms, provisions, conditions and
stipulations of the Agreement including covenants, concerning guarantee stipulated
therein on the part of the CONTRACTOR ( as Principal) to be performed and
observed according to the true purpose, intent and meaning thereof or if on default of
the CONTRACTOR the SURETY shall satisfy and discharge the damages sustained
by the CORPORATION hereby up to the amount of this guarantee herein, then the
obligation herein shall be null and void, but otherwise shall be in full force and effect
for a period up to and including ____________ _______________________ from the
date of issue of this guarantee, But no alteration in the (Expiry date of the BG)terms
of the said agreement made between the CORPORATION and the CONTRACTOR
or to the extent or the nature of the materials supplied and/or services rendered,
completed and maintained there under and no allowance of time by the
CONTRACTOR or the CORPORATION under the Agreement nor any forbearance
in respect of any matter or the thing concerning the said agreement on the part of the
CORPORATION shall in any way release the SURETY from any liability under the
guarantee herein.
We do hereby indemnify the CORPORATION and undertake to pay the amount due
and payable under this guarantee without any demur, merely on demand within 48
hours from the CORPORATION stating that the amount claimed is due by way of
loss or damage caused to or suffered by the CORPORATION by reason of any
breach by the said agreement or by reason of the said CONTRACTOR (as principal)
failure to comply with any of the conditions with regard to the Agreement set out in
this Guarantee. Any such demand made on us by the CORPORATION shall be final
and binding and be conclusive as regards the amount due and payable by us under
this Guarantee.

16
However, our liability under this guarantee shall be restricted to an amount not
exceeding Rs. ________________ (Rupees
______________________________________) only.
We further covenant that the Guarantee herein contained shall remain in full force
and effect and that it shall continue to be enforceable till all the dues of the
CORPORATION under or by virtue of the said Agreement have been fully paid and
the CORPORATION’S claim satisfied or discharged or till the CORPORATION
certifies that the terms and conditions of the said Agreement have been fully and
properly carried out by the said CONTRACTOR (as Principal) and discharges the
Guarantee.

We, the SURETY further covenant with the CORPORATION that the
CORPORATION shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms and
conditions of the said Agreement from time to time, to postpone for any time or from
time to time, any of the power exercisable by the CORPORATION AGAINST the
said CONTRACTOR (as Principal) and to forbear or enforce any of the terms and
conditions relating to the said Agreement and we shall not be relieved from our
liability by reason of any such variations, or extension being granted to the said
CONTRACTOR or any forbearance, act of omission on the part of the
CORPORATION, or any indulgence by the CORPORATION to the said
CONTRACTOR (as Principal) or by any such matter or thing whatsoever, which
under the law relating to sureties would but for this provision, have effect of so
relieving.

THIS guarantee herein contained is not revocable by the notice during its currency
and will remain in full force until all the undertaking covenants, terms and conditions
of the Agreement are performed and fulfilled or until it is discharged by notice in
writing by the CORPORATION.
This guarantee will remain in force up to and including
_____________________________ (Date of expiry of Bank Guarantee) and will
stand automatically cancelled on the expiry of the said period unless extended by
mutual agreement. Unless a demand or claim to enforce the claim under this
guarantee is made writing against the surety within __________ months
(__________ months) from the date of the expiry of this guarantee i.e, on or before
_______________ all the rights of the CORPORATION hereunder against the surety
shall be forfeited and we shall be relieved and discharged from all the liabilities
hereunder.

The bank hereby declares that it has the power to issue this guarantee and the
undersigned has full power to do so.

17
Notwithstanding anything contained herein before our liability under the present
Guarantee is restricted to Rs………………………. (Rupees
…………………………………… only) and shall remain in force for a period up to
_______________________________.
(Date of expiry of BG)

Unless a suit or action is instituted to enforce the claim under the Guarantee within
_______ months (____________ months) from the said date all your rights under the
guarantee shall be forfeited and we shall be relieved and discharge from all liabilities
there under.

For the purpose of enforcing the legal rights/remedies under this guarantee we agree
that the Court of Law at Ghatsila, Jharkhand State, shall have exclusive jurisdiction.

Witnesses: Surety

1. Name & Address For and on behalf of


(Name of the Bank)
------------------------------------------
Signature
(Signature and P.A. No. of Branch Manager)

2. Name & Address ------------------------------------------- Signature

18
UNDERTAKING NOT TO GIVE ANY GIFT /INDUCEMENT IN CONNECTION WITH
SECURING ANY FAVOUR IN DEALING WITH UCIL

Date:

To,

M/s. Uranium Corporation of India Ltd

PO Jaduguda Mines,

Distt -East Singhbhum

Jharkhand - 831 012

I / We …................................................................................... am / are a Vendor /


Customer of Uranium Corporation of India Ltd (now onwards to be referred as
Company).

I / We agree and undertake:

Not to provide any gift and / or inducement to any employee of the Company in
connection with securing / being granted favour (s) in my / our dealings with the
Corporate office of the company and / or its any field units.

To immediately report any gift and / or inducement sought by any employee of the
Company granting favour(s) to me / us in my / our dealings with the Company and /
or its field units.

Signature…………………………………………………………………………………..

Name…………………………………………………………..…………………………..

Title………………………………………………………………………………………..

Name of the Company and Address (with


Seal)…………………………………………..

19
SECRECY / CONFIDENTIALITY AGREEMENT

THIS AGREEMENT, made and entered into this ____th day of ___________, 20- -
by and between URANIUM CORPORATION OF INDIA LTD., a company
incorporated under Indian Companies Act having its registered office at PO
Jaduguda, Distt - East Singhbhum, Jharkhand 831 012, India (hereinafter called
“UCIL”) on one part and ___________________, a company duly incorporated
under .........................., with its registered office ................................... (hereinafter
called _____) includes its successors and permitted assigns, on the other part.

WITNESSETH :

WHEREAS:

A. UCIL intends to purchase _______ from __________ (Name of the company).


B. _________ (Name of the company) intends to produce ___________ at their
project in __________ (Name of the place) and intend to sell the same to UCIL
C. The parties, therefore, intend to enter into an MoU and subsequently an
agreement for the sale and purchase of ___________.

NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained, the parties hereto agree as follows:

1. The term “Confidential Information” means:


(1) All details supplied by UCIL/ (Name of the company) on technical, commercial
and other information and data on the Process.
(2) All details supplied by UCIL/ (Name of the company) on technical, commercial
and other information and data relating to the products.

2. Each party hereto shall keep secret and confidential any and all Confidential
information it receives from any other party or parties hereto under this Agreement, and
shall not use such Confidential Information for any purposes except for the said tender
purpose hereunder. The obligations under this Article shall not apply to any information
or data that :
(i) at the time of its disclosure hereunder is in the public domain,
(ii) after disclosure hereunder becomes part of the public domain by publication or
otherwise through no fault of the party to whom such information or data is disclosed

20
hereunder (“Receiving party”) (but only after it is published or otherwise becomes part of
the public domain),
(iii) the Receiving Party can show in its possession at the time of disclosure hereunder
and which the Receiving party, without breach or any obligation is free to disclose to
others, or
(iv) was received by the Receiving Party after the time of disclosure by a party hereto
(“Disclosing Party”) hereunder from a third party who did not acquire it, directly or
indirectly, from the Disclosing Party under an obligation of confidence and which the
Receiving party, without breach of any obligation, is free to disclose to others.

For the purpose of this Article 2, information or data which is specific, e.g., those on
operating conditions or equipment, shall not be deemed to be within the foregoing
exceptions merely because it is embraced by general information or data in the public
domain or in the possession of Receiving Party. In addition, any combination of
features shall not be deemed to be within the foregoing exceptions merely because
individual features are in the public domain or in the possession of the Receiving Party,
but only if the combination itself and its principle of operation are in the public domain or
in the possession of the Receiving Party.

3. The Receiving Party shall limit the access to the Confidential Information
received hereunder to its directors, officers and employees, who (i) need to have access
with such Confidential Information, (ii) have been informed of the confidential nature
thereof and (iii) have agreed to undertake the obligations of non-disclosure and non-use
of such Confidential Information.

4. Upon request of UCIL, …….(name of the party) shall, free of charge, promptly
return to UCIL all the Confidential information received from UCIL hereunder.

5. Each party hereto shall not, without the other party’s prior express written
consents, disclose or allow the disclosure of the existence of this Agreement.

6. It is mutually understood and agreed that no license or other rights are granted to
any party hereto under this Agreement, by implication or otherwise, for any of the
patents or patents applications of any other party hereto or as to any information and
data disclosed by any other party or parties hereto under this Agreement.

7. None of the parties may assign its rights or obligations hereunder without the
prior written consent of the other parties.

8. The obligation of non-disclosure and non-use of the Confidential information


under this Agreement shall remain in effect for five (5) years after the date hereof and
shall terminate upon lapse of said five (5) years.

21
9. This Agreement shall be governed by and construed in accordance with Indian
laws.

10. Each party hereto acknowledges and agrees that monetary damages for any
breach or threat of breach of this Agreement are inadequate. Each party hereto shall,
therefore, be entitled to seek and obtain temporary and injunctive relief for any breach or
threat of breach of this Agreement relating to its Confidential Information, in addition to
any other remedy.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be


executed in duplicate by their duly authorized representatives on the day and year first
above written. The original shall remain with UCIL and the duplicate with ……(name of
the party).

1. For _________________________ Witness:

(Name)
1.
Designation (Name)
Designation

2. (Name)

Designation

2. For Uranium Corporation of India Ltd.

Witness :

( Name)
Designation
1.
(Name)
Designation

2.
(Name)

Designation

22
PRICE PART

(SAMPLE ONLY NOT FOR FILLING)

Sl Particulars Rate per Rate per Total


No month month(in Amount
(in words) of twelve
Figure) month
1 Fully qualified Chartered/Cost
Accountants.(As per scope of work-
Manpower requirement head)

2 Semi-qualified/ experienced persons. .(As


per scope of work-Manpower requirement
head)

3 Fees for Taxation services.


TOTAL FESS

Notes:

1. GST shall be paid as prevailing rate at actual extra.


2. Quoted rate shall be indicated in both the figures and words. In case there is any
discrepancy between figures & words, words shall prevail.
3. If all the component of price bid is not quoted separately, the bid shall be rejected.

23

You might also like