Section 38: Procurement Contract to be Concluded

1) The proposal of the proponent who has reached an agreement from the negotiations pursuant to Section 37 shall be selected for acceptance.

2) Within seven days of selection of the proposal pursuant to sub-section (1), the Public Entity shall have to serve a notice of the intention of accepting the proposal to the proponent selected and to other short-listed proponents.

3) If no proponent files an application pursuant to Section 47 within seven days of a notice being served in accordance with sub-section (2), the proposal of the proponent selected pursuant to Sub-section (1) shall be accepted and s/he shall be served a notice by giving a period of fifteen days to come to sign the contract.

4) If the proponent attends within the period under sub-section (1) to conclude contract, s/he shall have to sign contract under Section 52, and if s/he does not attend, the Public Entity shall hold negotiations, respectively, pursuant to Section 37 with the proponent having obtained next higher marks in the case of a proponent under clause (a), (b), and (c) of sub-section (1) of Section 35 and with the next proponent having the lowest cost in the case of clause (d) and conclude contract with such proponent pursuant to Section 52.