Section 10: Qualification of Bidder or Proponent

1) A bidder shall have to fulfil the following qualifications 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 pre-qualification proceedings have been conducted for procurement, the qualification criteria set forth in the pre-qualification documents, and

(b) In the case of a consultant, the qualification criteria are outlined 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 the documents relating to proposals, respectively. These criteria shall be equally 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 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.