RFP for CSR funds and India legal environment
Apply By: 25 Sep 2019
Request for Proposal
Corporate Social Responsibility (CSR) funds and India legal environment
RFP Release Date - 30-Aug-2019
Question/Inquiry Submission Deadline - 08-Sep-2019
Proposal Submission Deadline - 25-Sep-2019
Tanager, an ACDI/VOCA affiliate, is an international nonprofit that brings people together at the table, on the ground, and across supply chains to co-create economic and social opportunities that change lives. Working closely with our partners, we align interests to expand market access and unlock the full potential of shared market opportunities that result in reliable supply chains, stable incomes, healthy families, and resilient communities. Established in 1993, we work with the ACDI/VOCA family of companies to make agriculture work better for people. We offer a focused and diligent team of locally based experts and international advisors who work with our partners to reach common goals.
For more information, please visit www.tanagerintl.org .
Tanager currently is registered under section 592 of companies act 1956 and under section 12AA of Income tax Act 1961. Tanager’s HQ is based in Washington DC, USA, being a tax-exempt organization under IRS section 501(c)(3), subsection 509(a)(3).
As per recent news published in Times of India, the unspent component of the mandatory CSR funds was over $300 million in fiscal year 2018 . Tanager wishes to use this platform to generate business and add value to the society.
Co-creation being Tanager’s core strength, we are of the firm view that access to CSR funds will enable Tanager to create economic opportunities for marginalized rural community
To study the applicability of CSR provisions of Companies Act 2013 on Tanager and its donor counterparts. The assignment is given with the intention of clearing the ambiguity whether Tanager can access the CSR funds in its current legal form. The consultant is also expected to suggest other available options and the legal consequence and requirements thereof.
Scope of Work
Objective: to obtain a written legal opinion and guidance with respect to registration options and Indian CSR laws, specifically:
A.Legal registration in India:
- Explain the various types of legal entities that Tanager could be registered under in India, and the relative merits of each one.
- Explain the legal obligations of each applicable registration option.
- Explain required governance structures of each applicable registration option.
- Explain options for affiliations of organizations under different registration options.
- Explain the taxation issues and efficiencies relating to each applicable registration option.
B. CSR provisions of the Companies Act:
- Outline and explain the relevant CSR provisions in the Companies Act.
- Explain the CSR provisions for each type of legal entity listed under A(1) above.
- Specifically advise whether under its current legal form, Tanager can receive CSR funds.
- If yes, explain the legal basis;
- If not, explain the legal basis that precludes Tanager from accessing CSR, and
- Other options for Tanager to explore to access CSR funds for development while complying with the Companies Act.
- Outline all changes that Tanager would need to make: the process for effecting such changes, timelines and likely costs, any other relevant information/advice that Tanager should consider
Submit a written concise actionable report. Report should cover all relevant aspects mentioned under the Objective paragraph (A) and (B) above, and clearly cite specific sections of relevant India law to support the advice/opinion/guidance provided in the report
- Provide a detailed and conservative written opinion on the applicability of CSR provisions on Tanager. Give a point by point replies to the questions asked.
- Consultant is expected to attend the meetings / connect through conference calls with the team based in India and globally. He/she should be able to address any queries raised during these meetings.
- Must adhere to the timeline stated in the contract.
- Consultant will adhere to Tanager’s non-disclosure policy, sign Tanager’s non-disclosure agreement, and will not resort to unethical practices.
- Consultant will give an unbiased view on all legal matters.
Proposal Preparation And Submission Requirements
Instructions for Proposal Preparation
Offerors’ proposals will be evaluated based upon their written technical and cost proposals. Each section will be evaluated according to the criteria for evaluation in Section 5. Offerors are expected to examine the specifications and all instructions in the RFP. Failure to do so is at the Offeror’s risk.
Interested Offerors proposal must provide the following:
1. Executive Summary (no more than two pages)
- Highlights of proposal
- Rationale as to what distinguishes your company from your competitors with examples
2.Detailed technical proposal to show your understanding of the assignment, the methodology you will use to carry out the assignment, and quality controls to ensure that the final product is of the highest professional standard
3.Detailed cost proposal - Offerors will submit a proposed budget with their proposals
- Have enough detail to allow evaluation of elements of costs proposed Tanager reserves the right to request any additional information to support detailed cost and price
- Provide an explanation and justification for each of the proposed cost items in the budget
- Submitted in the currency (clearly labeled in budget) in which your organization is located and will be paid
- Must indicate the inclusion or exclusion of any applicable VAT
4.Previous experience(s) in acting as a legal counsel firm, especially on CSR,for an international organization; please indicate the nature of work you carried out for such organizations (no more than two pages)
5.A brief description of key qualifications, and CV(s) of person(s) to be assigned to Tanager’s legal portfolio
6.Contact information for three (3) references (preferably international organizations) for Tanager to contact regarding the Offeror’s work
Instructions for Submission of Proposal
Additional information and questions regarding these RFP instructions should be submitted in writing to Andrew Gathechaat email@example.com by [25-Sep-2019 at 18:00 hrs./6:00 pm IST].
Criteria For Evaluation
Tanager will evaluate proposals based on a best-value determination. Superior weight will be given to the technical proposal than to price, but price remains an important determinant for selection. Evaluation of the Offeror’s submission will include the following criteria:
- Understanding of the subject and systematic approach
- Clarity of submission
- Value for quality of deliverables
The evaluation committee will review the Offeror’stechnical proposal based upon the criteria listed above and suitability to meet the deliverables listed in Section 2. The cost proposals will be reviewed to ensure they are complete and free of computational errors and,reasonableness of costs. A contract will be offered to the responsible Offeror whose proposal follows the RFP instructions and is judged to be the most advantageous to Tanager.
6. Solicitation Process
Once the RFP is released, the company must submit a formal proposal to be sent to the contact person at Tanager as indicated in Section 4. The submitted proposals will be reviewed against the criteria for evaluation defined in Section 5 and rated on their ability to satisfy the requirements stated in this RFP document. A formal contract will be negotiated with the selected company and, if endorsed, the company will provide the proposed deliverable(s). A preferred Offeror will be chosen and formally notified based upon completion of the below solicitation process by Tanager:
- Evaluate proposals received against selection criteria as listed in this RFP
- Tanager may ask the company to provide additional information in a Best and Final Offer round of evaluation
- If necessary, on-site or phone interviews, presentations, may be requested of select companies to assist in Tanager’s determination
- Upon making a determination, Tanager will notify all applicants of its decision in writing. The selected company will be invited to sign a letter of commitment guaranteeing the prices quoted for a period of one year from the date of the contract award, and proposals are deemed to be sufficient to bind them to the prices provided for a period of one year.
Minimum Offeror Qualifications
Offerorssubmitting proposals must (1) be officially licensed to do such business in India, (2) not have been identified as a terrorist. In addition, Offeror may be required to provide the following information:
- Documentation to verify licensure (e.g., tax id, registration certificate, etc.)
- Demonstration of adequate management and financial resources to perform the contract
- Satisfactory records of performance history, integrity and business ethics
- Demonstration of being an established legal firmor other relevant specialism, with knowledge of and demonstrated experience in Indian CSR environment
- Ability to be concise and exerciseexcellence in written and spoken English
- Must be willing to take Skype callsduring Tanager HQ hours of operations (GMT-4) and address verbal querieswith follow up in writing
- Main point of contact must have substantive experience working with international nonprofits and advising on CSR funds.
Offerors are encouraged to specifically state how they meet the above Minimum Offeror Qualifications in their proposal
Interested Offerers may send their proposals to firstname.lastname@example.org
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