दफा १०
Qualification Of Bidder Or Proponent
(1) A bidder shall have to fulfill the
following qualification in order to obtain a procurement contract:-
(a) In the case of a bidder, the qualification criteria set forth in
the bidding documents or where prequalification proceedings
have been conducted for procurement, the qualification
criteria set forth in the prequalification documents , and
(b) In the case of a consultant the qualification criteria set forth in
the documents relating to proposals.
(2) In setting forth qualification criteria pursuant to Sub-section (1) in the
bidding documents or documents relating to proposals, professional and
technical qualifications, equipment availability, past performance, after-sale
service arrangements, availability of spare parts, legal capacity, financial
resources and condition, punishment for having committed professional
offenses and similar other criteria may be set forth.
(3) In setting forth the criteria pursuant to Sub-section (2), no provision
can be so made as to allow only a particular class of construction entrepreneur,
supplier, consultant or service provider to participate or to prevent any
particular class of construction entrepreneur, supplier, consultant or service
provider from participating in the procurement process.
(4) Bids, pre-qualification proposals and consultancy service proposals
shall be evaluated only in accordance with the criteria set forth in the bidding
documents, pre-qualification documents and in the documents relating to
proposals, respectively, and such criteria shall equally be applicable to all
bidders or proponents without any discrimination.
(5) Notwithstanding anything contained elsewhere in this Section, no
qualification requirements shall be prescribed for the procurement of a
construction work the cost estimate of which is less than six million rupees.
(6) The Public Entity may disqualify a bidder or proponent at any time if
it finds that the statement submitted by such bidder or proponent concerning the
qualifications was factually false or substantially incomplete.
Provided that minor errors can be corrected by seeking information
pertaining thereto from the concerned bidder or proponent
following qualification in order to obtain a procurement contract:-
(a) In the case of a bidder, the qualification criteria set forth in
the bidding documents or where prequalification proceedings
have been conducted for procurement, the qualification
criteria set forth in the prequalification documents , and
(b) In the case of a consultant the qualification criteria set forth in
the documents relating to proposals.
(2) In setting forth qualification criteria pursuant to Sub-section (1) in the
bidding documents or documents relating to proposals, professional and
technical qualifications, equipment availability, past performance, after-sale
service arrangements, availability of spare parts, legal capacity, financial
resources and condition, punishment for having committed professional
offenses and similar other criteria may be set forth.
(3) In setting forth the criteria pursuant to Sub-section (2), no provision
can be so made as to allow only a particular class of construction entrepreneur,
supplier, consultant or service provider to participate or to prevent any
particular class of construction entrepreneur, supplier, consultant or service
provider from participating in the procurement process.
(4) Bids, pre-qualification proposals and consultancy service proposals
shall be evaluated only in accordance with the criteria set forth in the bidding
documents, pre-qualification documents and in the documents relating to
proposals, respectively, and such criteria shall equally be applicable to all
bidders or proponents without any discrimination.
(5) Notwithstanding anything contained elsewhere in this Section, no
qualification requirements shall be prescribed for the procurement of a
construction work the cost estimate of which is less than six million rupees.
(6) The Public Entity may disqualify a bidder or proponent at any time if
it finds that the statement submitted by such bidder or proponent concerning the
qualifications was factually false or substantially incomplete.
Provided that minor errors can be corrected by seeking information
pertaining thereto from the concerned bidder or proponent