Section 40
Criteria And Documents Relating To Eligibility Of Bidder To Be Mentioned
(1) The public entity shall mention in the bidding documents the criteria as to eligibility of the bidder and copies of the documents to be submitted by the bidder to prove such eligibility.
(2) The documents set forth in sub-rule (1) shall be as follows:
(a) Firm, organization or company registration certificate,
(b) Business registration license,
Explanation: For the purpose of this clause, the term "business registration license" means the certificate or license obtained by an entrepreneur pursuant to the prevailing law if such a certificate or license is so required under such law to carry on his or her business.
(c) Value added tax registration certificate and permanent account number (PAN) registration certificate,
(d) Tax clearance certificate or the certified document obtained from the concerned entity showing the filing of income returns for up to such period as specified by the public entity or proof or evidence showing extension of the time-limit for the filing of income returns,
(e) A written declaration made by the bidder to the effect that he or she is not ineligible to participate in the procurement proceeding, he or she has not any conflict of interest in the proposed procurement proceeding, and he or she has not been sentenced for any offence related to the concerned profession or business,
(f) Such other documents as the public entity considers necessary, without being contrary to the Act, this Regulation and standard bidding documents.
(2a) Notwithstanding anything contained in sub-rule (2), a non-resident bidder is not required to submit the documents referred to in clauses (c) and (d) of that sub-rule.
(3) If the bidding documents omit to specify or do not clearly specify the documents referred to in sub-rule (2) or require amendment in some respect, the public entity may specify, clarify or amend such documents by publishing a notice in a national daily newspaper and, in the case of an international bidding, in an international media, within the period for submission of bids.
Provided that in so publishing a notice, if the bidders require additional time for submission of bids, the deadline for submission of bids shall also be extended.
(4) No bid of the bidder who fails to submit the documents referred to in sub-rules (1) and (2) shall be entertained.
(2) The documents set forth in sub-rule (1) shall be as follows:
(a) Firm, organization or company registration certificate,
(b) Business registration license,
Explanation: For the purpose of this clause, the term "business registration license" means the certificate or license obtained by an entrepreneur pursuant to the prevailing law if such a certificate or license is so required under such law to carry on his or her business.
(c) Value added tax registration certificate and permanent account number (PAN) registration certificate,
(d) Tax clearance certificate or the certified document obtained from the concerned entity showing the filing of income returns for up to such period as specified by the public entity or proof or evidence showing extension of the time-limit for the filing of income returns,
(e) A written declaration made by the bidder to the effect that he or she is not ineligible to participate in the procurement proceeding, he or she has not any conflict of interest in the proposed procurement proceeding, and he or she has not been sentenced for any offence related to the concerned profession or business,
(f) Such other documents as the public entity considers necessary, without being contrary to the Act, this Regulation and standard bidding documents.
(2a) Notwithstanding anything contained in sub-rule (2), a non-resident bidder is not required to submit the documents referred to in clauses (c) and (d) of that sub-rule.
(3) If the bidding documents omit to specify or do not clearly specify the documents referred to in sub-rule (2) or require amendment in some respect, the public entity may specify, clarify or amend such documents by publishing a notice in a national daily newspaper and, in the case of an international bidding, in an international media, within the period for submission of bids.
Provided that in so publishing a notice, if the bidders require additional time for submission of bids, the deadline for submission of bids shall also be extended.
(4) No bid of the bidder who fails to submit the documents referred to in sub-rules (1) and (2) shall be entertained.