दफा ६३
Blacklisting And Exclusion From The Blacklist
(1) The Public Procurement
Monitoring Office may blacklist a bidder, proponent, consultant, service
provider, supplier, construction entrepreneur or other person, firm, organization
or company in the following grounds from one year to three years on the basis
of seriousness of his/her/ act:-
(a) If it is proved that s/he has committed an act contrary to the
conduct as referred to in Section 62,
(b) If a proponent of a proposal selected for acceptance does not
come to sign the contract pursuant to Section 38,
(c) If it is proved latter that s/he had committed substantial defect
in implementing procurement contract or had not substantially
fulfilled obligation under the contract or the work carried out
according to the procurement contract is not of the quality as
per the said contract,
(d) If convicted from a court of law in a criminal offense liable to
be disqualified for taking part in procurement contract,
(e) If s/he/it is proved of having signed the procurement contract
by falsifying qualification or misrepresenting,
(f) Any other conditions as prescribed.
(2) A bidder, proponent, consultant, service provider, supplier,
construction entrepreneur or other person, firm, organization or company
blacklisted pursuant to Sub-section (1) shall be debarred from taking part in the
procurement proceedings of a Public Entity up to that period.
(3) Notwithstanding anything contained elsewhere in this Section, a
person, firm, organization or company blacklisted by a competent authority
under prevailing law for not paying a loan of a bank or financial institution shall
not be eligible to take part in the procurement proceeding of a Public Entity
during the period of such blacklisting.
(4) If the person, firm, organization or company ineligible to take part in
the public procurement proceedings pursuant to Sub-section (2) or (3) is found
to have taken part in a procurement of a Public Entity, no action shall be taken
over his/her bid or proposal.
(5) Other provision concerning blacklisting pursuant to Sub-section (1)
shall be as prescribed.
(6) A bidder, proponent, consultant, service provider, supplier,
construction entrepreneur or other person, firm, organization or company
blacklisted pursuant to Sub-section (1), (2), (3), (4), and (5) shall be excluded
from the blacklist as per the criteria prepared by the Public Procurement
Monitoring Office for exclusion from the blacklist.
Monitoring Office may blacklist a bidder, proponent, consultant, service
provider, supplier, construction entrepreneur or other person, firm, organization
or company in the following grounds from one year to three years on the basis
of seriousness of his/her/ act:-
(a) If it is proved that s/he has committed an act contrary to the
conduct as referred to in Section 62,
(b) If a proponent of a proposal selected for acceptance does not
come to sign the contract pursuant to Section 38,
(c) If it is proved latter that s/he had committed substantial defect
in implementing procurement contract or had not substantially
fulfilled obligation under the contract or the work carried out
according to the procurement contract is not of the quality as
per the said contract,
(d) If convicted from a court of law in a criminal offense liable to
be disqualified for taking part in procurement contract,
(e) If s/he/it is proved of having signed the procurement contract
by falsifying qualification or misrepresenting,
(f) Any other conditions as prescribed.
(2) A bidder, proponent, consultant, service provider, supplier,
construction entrepreneur or other person, firm, organization or company
blacklisted pursuant to Sub-section (1) shall be debarred from taking part in the
procurement proceedings of a Public Entity up to that period.
(3) Notwithstanding anything contained elsewhere in this Section, a
person, firm, organization or company blacklisted by a competent authority
under prevailing law for not paying a loan of a bank or financial institution shall
not be eligible to take part in the procurement proceeding of a Public Entity
during the period of such blacklisting.
(4) If the person, firm, organization or company ineligible to take part in
the public procurement proceedings pursuant to Sub-section (2) or (3) is found
to have taken part in a procurement of a Public Entity, no action shall be taken
over his/her bid or proposal.
(5) Other provision concerning blacklisting pursuant to Sub-section (1)
shall be as prescribed.
(6) A bidder, proponent, consultant, service provider, supplier,
construction entrepreneur or other person, firm, organization or company
blacklisted pursuant to Sub-section (1), (2), (3), (4), and (5) shall be excluded
from the blacklist as per the criteria prepared by the Public Procurement
Monitoring Office for exclusion from the blacklist.