Qualification of bidder or proponent

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(1) A bidder or proponent shall meet the following qualification in order to get a procurement contract:
(a) In the case of the bidder, the qualification criteria set forth in the bidding documents or where act of prequalification has been conducted for procurement, the qualification criteria set forth in the prequalification documents, and
(b) In the case of the proponent, the qualification criteria set forth in the documents relating to proposals.
(2) In setting forth the qualification criteria in the bidding documents or documents relating to proposals pursuant to sub-section(1), professional and technical qualifications, availability of equipment, past performance, after-sale service arrangements, availability of spare parts, legal capacity, financial resources and condition, punishment for having committed any professional offense and similar other criteria may be set forth.
(3) In setting forth the criteria pursuant to sub-section (2), no provision may be so made as to allow only those construction entrepreneurs, suppliers, consultants or service providers who belong to any particular class to participate in, or to exclude those construction entrepreneurs, suppliers, consultants or service providers belonging to any particular class from participating in, the procurement process.
(4) Evaluation of the bids, pre-qualification proposals and proposals for consultancy service shall be made only in accordance with the criteria set forth in the bidding documents, pre-qualification documents and the documents relating to proposals respectively, and such criteria shall equally apply to all the bidders or proponents without any discrimination.
(5)28 Notwithstanding anything contained elsewhere in this Section, no qualification requirement shall be prescribed for the procurement of a construction work the cost estimate of which is less than twenty million rupees, except for a construction work which is so ascertained by the public entity as requiring the qualification.
(6) If the statement concerning the qualifications which has been submitted by a bidder or proponent is found to be factually false
or materially incomplete, the public entity may disqualify such a bidder or proponent at any time. Provided that minor errors can be corrected by seeking information pertaining thereto from the concerned bidder or proponent.

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