Section 28
Criteria As To Qualification Of Joint Venture
(1) Bidders may, for the purpose of participating in any procurement actions, form a joint venture and submit a bid.
Provided that a bidder may submit only one bid either as a partner of the joint venture or as an individual.
(2) A public entity may specify the minimum share of the partners in the joint venture referred to in sub-rule (1) and the minimum qualification of the principal partner and of the other partners in the bidding documents.
(3) The public entity shall, in specifying the qualification pursuant to sub-rule (2), specify such qualification having regard to the following matters with regard to a partner in such a venture:
(a) His or her average annual turnover,
(b) His or her special experience and the main work performed by him or her,
(c) Cash-flow available with him or her to conduct the construction work,
(d) His or her capacity related to human resources, and
(e) His or her capacity related to machineries or equipment.
(4) In order to ascertain whether a joint venture has fulfilled the criteria as to the minimum qualification specified in the bidding documents or not, the qualification of all the partners of such a joint venture shall be calculated.
(5) The public entity shall specify the individual qualification of a partner of a joint venture having regard to the following matters:
(a) His or her general experience in the concerned work,
(b) Adequacy of the resources required to complete the work being executed or to be executed by him or her as per another contract,
(c) Financial capacity, and
(d) Past procurement related litigation and results thereof.
(6) If a joint venture is selected for a procurement contract, the concerned public entity shall require the joint venture to get so registered with the permanent account number and value-added tax in
the Inland Revenue Office that such a joint venture has joint liability and its partners have personal liability.
(7) If a joint venture has to submit also a bid security while submitting a bid, such a bid security has to be so issued in the name of all the partners of the joint venture referred to in sub-rule (1) that all the partners have the liability.
(7a) In cases where a contract is so obtained upon being involved in the bidding process that the construction work is to be executed through a joint venture, all the members of the joint venture shall complete the construction work in accordance with the contract. The liability of such a work may not be assigned to any one member or some members of the joint venture or anyone else.
(8) Other conditions relating to the joint venture shall be as specified in the bidding documents.
Provided that a bidder may submit only one bid either as a partner of the joint venture or as an individual.
(2) A public entity may specify the minimum share of the partners in the joint venture referred to in sub-rule (1) and the minimum qualification of the principal partner and of the other partners in the bidding documents.
(3) The public entity shall, in specifying the qualification pursuant to sub-rule (2), specify such qualification having regard to the following matters with regard to a partner in such a venture:
(a) His or her average annual turnover,
(b) His or her special experience and the main work performed by him or her,
(c) Cash-flow available with him or her to conduct the construction work,
(d) His or her capacity related to human resources, and
(e) His or her capacity related to machineries or equipment.
(4) In order to ascertain whether a joint venture has fulfilled the criteria as to the minimum qualification specified in the bidding documents or not, the qualification of all the partners of such a joint venture shall be calculated.
(5) The public entity shall specify the individual qualification of a partner of a joint venture having regard to the following matters:
(a) His or her general experience in the concerned work,
(b) Adequacy of the resources required to complete the work being executed or to be executed by him or her as per another contract,
(c) Financial capacity, and
(d) Past procurement related litigation and results thereof.
(6) If a joint venture is selected for a procurement contract, the concerned public entity shall require the joint venture to get so registered with the permanent account number and value-added tax in
the Inland Revenue Office that such a joint venture has joint liability and its partners have personal liability.
(7) If a joint venture has to submit also a bid security while submitting a bid, such a bid security has to be so issued in the name of all the partners of the joint venture referred to in sub-rule (1) that all the partners have the liability.
(7a) In cases where a contract is so obtained upon being involved in the bidding process that the construction work is to be executed through a joint venture, all the members of the joint venture shall complete the construction work in accordance with the contract. The liability of such a work may not be assigned to any one member or some members of the joint venture or anyone else.
(8) Other conditions relating to the joint venture shall be as specified in the bidding documents.