National Highways Authority of India G-5 & 6, Sector-10, Dwarka, New Delhi-110075 Expression of Interest (EOI) for Empanelment of Law Firms and Advocates NHAI invites applications from qualified & experienced Law Firms and Advocates for defending NHAI mainly in the arbitrations on contractual disputes; court cases on contractual disputes, service matters and environmental litigation. The requirements and other details can be seen in the Expression of Interest document placed on the website of NHAI (www.nhai.org). The last date for submission of applications is 03.10.2017 (15.00 Hrs). 1
NATIONAL HIGHWAYS AUTHORITY OF INDIA LEGAL & ARBITRATION DIVISION NHAI/11401/L&A Div/EoI/2017 Date: 05.09.2017 EXPRESSION OF INTEREST (EOI) FOR EMPANELMENT OF LAW FIRMS/ADVOCATES FOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, HQ, NEW DELHI 1. The National Highways Authority of India (NHAI) (the Authority ) is engaged in development, maintenance and management of National Highways entrusted to it by Ministry of Road Transport & Highways. Taking into consideration the complex needs in this direction, NHAI is looking for empanelment of competent & experienced Indian Law Firms/Advocates at its Headquarters at New Delhi. The services of Law Firms/Advocates will be mainly utilized in the areas of arbitrations on contractual disputes; court cases on contractual disputes, service matters and environmental litigation. 2. The NHAI invites Expression of Interest Applications from interested Law Firms/Advocates for the Scope of Work (SoW) which inter-alia includes the following; i. Providing legal opinion on issues referred to by NHAI. ii. Rendering services and providing opinion, as and when referred, on matters related to Arbitrations/Court Cases of PSUs/ Govt. Departments on Contractual Disputes, Service matters, Environmental Litigation. iii. Handling notices and other legal queries, as and when referred. iv. Representing NHAI before any Court of Law or Tribunal or Statutory Body or quasi-judicial authority or Arbitrators/Arbitral Tribunals under the relevant act(s) and any other proceedings, as and when referred. v. Conducting legal due diligence, as and when referred. vi. Providing advice related to Legal matters of the Company in Indian and International Perspective as and when referred. vii. Legal Vetting of draft notices, agreements, bidding documents, etc,. 3. Essential Eligibility Criteria i. The responding Law Firms should be registered under the Statutes of India. ii. Law Firms/Advocates should be having office in Delhi. iii. Law Firms/Advocates should possess minimum experience of 10 years in Arbitrations/Court Cases of PSUs/ Govt. Departments on Contractual Disputes, Service matters, Environmental Litigation. iv. Law Firms/Advocates must have the requisite infrastructure and in-house capability. 2
v. Law Firms/Advocates must practice Firewall Policy within to deal with contrary interests or confidential information. vi. Law Firms/Advocates should possess professional expertise especially in handling cases in the areas of Arbitrations/Court Cases of PSUs/ Govt. Departments on Contractual Disputes, Service matters, Environmental Litigation. vii. Law Firms/Advocates should be regular payers of all taxes as applicable to them. Please attach copies of Chartered Accountant s Certificates/ Audited Balance Sheets/ P&L Accounts/ IT Returns, as applicable, for last three years. viii. Law Firms/Advocates should not have been debarred by any Central/State Government Departments/Public Sector Undertakings. ix. Law Firms/Advocates should not be involved in any major litigation that may have an impact of affecting or compromising the delivery of services as required under this EOI. 4. Expected expertise/inputs i. Understanding of the scope of work; ii. Domain specific experience in each of the areas relevant to SoW; and iii. Adequate in-house capacity to meet the SoW 5. Expected Deliverables i. Timely opinions on the referred issues; and ii. Prompt legal services 6. Correspondence with Applicant Given and except as provided in EOI, the NHAI shall not entertain any correspondence with any applicant in relation to the acceptance or rejection of any application. NHAI, in its sole discretion and without incurring any obligation or liability, reserves the right, at any time to: (a) (b) (c) (d) (e) Suspend and/or cancel the EOI process and/or amend and/or supplement the EOI process or modify the dates or other terms & conditions relating there-to. Consult any applicant in order to receive clarification or further information. Empanel or not to empanel any applicant. Retain any information and/or evidence submitted to the NHAI by, on behalf of, and/or in relation to any applicant and/or. Independently verify, disqualify, reject and/or accept any and all submissions or other information and/or evidence submitted by or on behalf of any applicant. 7. Fee Schedule : The schedule of fee payable for services rendered, shall be applicable as given in the Policy Guidelines of NHAI (relevant extracts enclosed). It may please be noted that the Schedule of Fees as given in the policy guidelines is fixed. The participating of Law Firms/Advocates are required to confirm that they accept and will provide their services as per the above mentioned Schedule of Fee of NHAI. 3
8. The applications received shall be evaluated as per the laid down criteria given below:- (A) Qualification Criteria for Empanelment of Law Firms: The Law Firms shall possess minimum 10 years of Experience in the areas of Arbitrations/Court Cases of PSUs/ Govt. Departments on Contractual Disputes, Service matters, Environmental Litigation. The applications of such Law Firms only will be taken up for further evaluation/assigning marks, as per the Criteria given below: Criteria i. Experience of Advocates/Associates in Law Firm Marks 05 Marks shall be given for each Advocate/Associate having experience of more than 10 years in the relevant field of Arbitrations/Court Cases of PSUs/ Govt. Departments on Contractual Disputes, Service matters, Environmental Litigation ii. Advocate on Record In case of AoR additional 05 Marks shall be given. iii. iv. Arbitral Awards passed in which the law firm defended the case on behalf of PSU/Govt. Dept. Reported Judgments of Hon ble High Courts (before Ld. Single Judge) in Contractual/Arbitrations matters (in which the law firm defended the case on behalf of PSU/Govt. Deptt.) v. Reported Judgments of Hon ble High Courts (before Division Bench) in Contractual/Arbitrations matters (in which the law firm defended the case on behalf of PSU/Govt. Deptt.) vi. Reported Judgments before Hon ble Supreme Court in Contractual/ Arbitrations matters in which the law firm defended the case on behalf of PSU/Govt. Deptt. vii. Landmark Judgments in Contractual/ Arbitrations matters in which the law firm defended the case on behalf of PSU/Govt. Deptt.) 05 Marks shall be given for each Award passed by the Arbitral Tribunal in Contractual Disputes of PSUs/ Government Departments (subject to submission of the details of the awards/briefs of the matters) 02 Marks shall be given for each case on contractual disputes of PSUs/Government Departments decided by Ld. Single Judge of Hon ble High Court 03 Marks shall be given for each case on contractual disputes of PSUs/ Government Departments decided by Hon ble Division Bench of the High Court 04 Marks shall be given for each case on contractual disputes of PSUs/ Government Departments. Additional 05 Marks for each landmark judgment subject to submission of citation details. Note: Relevant field wherever mentioned is Arbitrations/Court Cases of PSUs/ Govt. Departments on Contractual Disputes, Service matters, Environmental Litigation. 4
(B) Qualification Criteria for Empanelment of individual Advocates: The individual Advocates shall possess minimum practice of 10 Years in Arbitrations/Court Cases of PSUs/ Govt. Departments on Contractual Disputes, Service matters, Environmental Litigation. The applications of such Advocates only will be taken up for further evaluation/assigning marks, as per the Criteria given below: Criteria Marks i. Experience more than 10 Years 05 Marks shall be given ii. Advocate on Record In case of AoR additional 05 Marks shall be given. iii. Arbitral Awards passed in which the Advocate defended the case 05 Marks shall be given for each Award passed by the Arbitral Tribunal in on behalf of PSU/Govt. Dept. Contractual Disputes of PSUs/ Government Departments (subject to submission of the details of the iv. Reported Judgments of Hon ble High Courts (before Ld. Single Judge) in Contractual/Arbitrations matters (in which the Advocate defended the case on behalf of PSU/Govt. Deptt.) v. Reported Judgments of Hon ble High Courts (before Division Bench) in Contractual/Arbitrations matters (in which the Advocate defended the case on behalf of PSU/Govt. Deptt.) vi. Reported Judgments before Hon ble Supreme Court in Contractual/Arbitrations matters in which the Advocate defended the case on behalf of PSU/Govt. Deptt. vii. Landmark Judgments in Contractual/ Arbitrations matters in which the Advocate defended the awards/briefs of the matters) 02 Marks shall be given for each case on contractual disputes of PSUs/ Government Departments decided by Ld. Single Judge of High Court 03 Marks shall be given for each case on contractual disputes of PSUs/ Government Departments decided by Hon ble Division Bench 04 Marks shall be given for each case on contractual disputes of PSUs/ Government Departments. Additional 05 Marks for each landmark judgment subject to submission of citation details. case on behalf of PSU/Govt. Deptt. Note: Relevant field wherever mentioned is Arbitrations/Court Cases of PSUs/ Govt. Departments on Contractual Disputes, Service matters, Environmental Litigation. 9(i) The applications received will be evaluated & the Law Firms and Advocates will be empaneled separately for the maximum numbers given below in each of the categories based on the marks scored (in descending order): (a) Contractual Disputes 20 Law Firms & 20 Advocates separately (b) Service Matters 10 Law Firms & 10 Advocates separately (c) Environmental Litigation 05 Law Firms & 05 Advocates separately 5
(ii) Only one application shall be submitted to NHAI by each Law Firm/Advocate duly choosing one or more categories for empanelment viz Contractual Disputes, Service Matters and Environmental Litigation. The evaluation/empanelment will be carried out accordingly in one or more categories. There is no bar in one Law Firm/ Advocate appearing in the empanelled list of 2 or 3 categories, as it is strictly based on the marks scored in each category. (iii) The details of applications received and the evaluation of NHAI (marks given) will be placed on website of NHAI. The applicants shall observe highest standards of ethics in the details provided. The Law Firms/ Advocates shall be solely responsible for the correctness of the details provided in their applications. In case of any misrepresentations noticed at any time, the Law Firm/ Advocate shall be removed from the list of empanelment and the cases in hand will be withdrawn and the firm/ advocate shall be debarred for 2 years from entrustment of any work of NHAI. (iv) NHAI reserves the right to allot matters/ cases to the law firms/ advocates from the empanelled list or outside the list, in its sole discretion. 10. Validity of Empanelment: The empanelment shall be valid for one year. However, NHAI reserves the right to modify the validity period at its sole discretion, without assigning any reasons. 11. Submission of Application All EOI applications shall be addressed to GM (Legal) and delivered at the address given below. All EOI applications should include the details mentioned in the format which may be downloaded from the NHAI website- http://www.nhai.org. Eligible & interested Law firms/advocates are invited to submit their applications so as to reach at the following address on or before due date/ time i.e., 1500 hrs. of 03.10.2017: General Manager (Legal) National Highways Authority of India, Plot G-5&6, Sector 10, Dwarka, New Delhi - 110075 Applications received late shall be summarily rejected. Disclaimer: This EOI is not an agreement and is neither an offer nor invitation by the Authority to the prospective Applicants or any other person. The purpose of this EOI is to provide interested parties with information that may be useful to them in the formulation of their Applications pursuant to this EOI. The Authority may, in its absolute discretion but without being under any obligation to do so, update, amend or supplement the information, assessment or assumptions contained in this EOI. The Authority reserves its rights to reject any or all of the applications without assigning any reason thereof. 6
FORMAT OF APPLICATION FOR ADVOCATE (Pl indicate the category for which application is being made- Contractual Disputes/Service Matters/Environmental Litigation) 1. Name: : 2. Date of Birth (Age as on : application due date) 3. Educational Qualifications: (most recent First) Degree/Courses Institute/University/College Year of Passing % Marks/CGPA 4. Address, Contact Nos. & E-mail : 5. Date of Enrolment, Name of Bar Council: (enclose copy of Enrolment certificate) : 6. Date of enrolment as an Advocate on Record of the Supreme Court and Registration No 7. The courts where the Advocate is regularly : practicing(enclose Bar Association Membership Certificate) 8. Period of practice & Area of Specialization : : 9. Brief list of clients e.g. Govt. Departments /PSUs : 10. Whether Counsel / Pleader of any Govt. Departments /PSUs (indicate period) 11. Details of Experience /practice in the relevant field To be provided separately for each category chosen for empanelment in the following table (most relevant first) : Name of Dept/PSU : : On Panel : From to Avg. of matters assigned by Dept/ PSU in a Year Area of Practice A. Contractual Disputes B. Service Matters C. Environmental Litigation Courts/Tribunals/Authorities before which practised Period of practice 12. Details of cases defended by the Advocate on behalf of PSU/ Govt. Department. 7
(to be provided separately for each category chosen for empanelment viz Contractual Disputes, Service Matters and Environmental Litigation): (a) Before Arbitral Tribunals Title of Arbitral matter Date of Award Details of Tribunal Pl provide copy of Award/Brief (attach the proof of association with this matter) (b) Before Hon ble High Court Title of matter/case details Citation Date of Judgment Name of Court & details of Bench (Single/DB) Landmark Judgments Title of matter/case details Citation Date of Judgment Name of Court & details of Bench (Single/DB) (c) Before Hon ble Supreme Court Title of matter/case details Citation Date of Judgment Details of the Bench Landmark Judgments Title of matter/case details Citation Date of Judgment Details of the Bench 13(i) Details of Juniors/Associates available for Legal Work (with more than five years of experience): Name of the Advocate/Junior/Associate Name of University/Law College/Institute/ year of Law Graduation Year of Enrolment & Bar Membership Total Cases handled Years of Experience in the relevant field 8
13(ii) Details of Juniors/Associates available for Legal Work (with below five years of experience): Name of the Advocate/Junior/Associate Name of University/Law College/Institute/ Year of Law Graduation Year of Enrolment & Bar Membership Total Cases handled Years of experience in the relevant field 14. Income Tax Return/PAN : 15. Any other information you may like to give : 16. A brief note on suitability for empanelment : 17. List of Enclosures : (a) Ref. Para-3(vii) of EOI (b) Others as required DECLARATION (i) (ii) (iii) I declare that I have never been penalized by any Bar Council in any Disciplinary Proceedings. I undertake that the information given above is true and correct. I also undertake to maintain absolute secrecy about the cases of the NHAI. I agree to the terms and conditions for engagement and placement on panel. Signature of Advocate Address (office & residence / chamber) Tel. No. Mobile No Fax No E-mail. 9
FORMAT OF APPLICATION FOR LAW FIRM (Pl indicate the category for which application is being made- Contractual Disputes/Service Matters/Environmental Litigation) 1. Name of the Law Firm : 2. Constitution : 3. Address : 4. Contact Nos. : 5. E-mail addresses : 6. Names of Partners/Associates : a. b. c. d. e. 7. Date of Incorporation : 8. Number of Advocates employed : 9. Period of practice & Areas of Specialization : 10. Brief list of clients e.g. Govt. Departments /PSUs 11. Whether on Panel of any Govt. Departments /PSUs (Pl indicate period against each name & Average number of matters assigned ) 12. Details of Experience / practice in the relevant field - To be provided separately for each category chosen for empanelment in the following table (most relevant first) : a. b. c. d. e. : Name of Dept./PSU: : On Panel: From to Avg. Nos. of matters assigned by Dept./ PSU in a Year: Area of Practice A. Contractual disputes B. Service Matters C. Environmental litigation Courts/Tribunals/Authorities before which practised Period of practice 10
13. Details of cases defended on behalf of PSU/ Govt. Department. (to be provided separately for each category chosen for empanelment viz Contractual Disputes, Service Matters and Environmental Litigation): (a) Before Arbitral Tribunals Title of Arbitral matter Date of Award Details of Tribunal Pl provide copy of Award/Brief (attach the proof of association with this matter) (b) Before Hon ble High Court Title of matter/case details Citation Date of Judgment Name of Court & details of Bench (Single/DB) Landmark Judgments Title of matter/case details Citation Date of Judgment Name of Court & details of Bench (Single/DB) (c) Before Hon ble Supreme Court Title of matter/case details Citation Date of Judgment Details of the Bench Landmark Judgments Title of matter/case details Citation Date of Judgment Details of the Bench 14. Details of profiles of Partners/ Associates/Associates Name of the Partners/ Associates/Associates Name of University/Law College/Institute/ year of Law Graduation Year of Enrolment & Bar Membership Total Cases handled so far Years of experience in the relevant field 11
15(i) Details of Juniors/Associates available for Legal Work (with more than five years of experience): Name of the Advocate/Junior/Associate Name of University/Law College/Institute/ year of Law Graduation Year of Enrolment & Bar Membership Total Cases handled Years of experience in the relevant field 15(ii) Details of Juniors/Associates available for Legal Work experience): (with below five years of Name of the Advocate/Junior/Associate Name of University/Law College/Institute/ year of Law Graduation Year of Enrolment & Bar Membership Total Cases handled Years of experience in the relevant field 16. GST Details : 17. PAN 18. Any other information you may like to give 19. A brief note on suitability for empanelment 20. List of Enclosures : a. Partnership deed/certificate of Incorporation/registration b. Details of all Partners individually c. Ref. Para-3(vii) of EOI d. Others as required DECLARATION : : 1) I declare that our firm or any member thereof have never been penalized by any Bar Council in any Disciplinary Proceedings. 2) I undertake that the information given above is true and correct. I also undertake to maintain absolute secrecy about the cases of the NHAI. 3) I agree to the terms and conditions for engagement and placement on panel. (Signature of Managing Partner with Seal) Name: Address (office) Tel. No. Mobile No Fax No E-mail. 12
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