Para 4.5 — WORKS_MANUAL
Original Rule Text
4.5 Eligibility and Qualifications of Bidders 4.5.1 Eligibility of Bidders i) All eligible bidders meeting the eligibility criteria as defined in ITB can participate in the tender. The applicant should be a private or government-owned legal entity. ii) Bidder should have valid registration with Employees Provident Fund organization under ‘EPF and Miscellaneous Provisions Act, 1952’. iii) For package size exceeding certain values [say - Rs. 10 (ten) crore], Joint Ventures may be allowed. Maximum number of partners in JV shall be limited (say – three). In case of JV, all the partners shall be jointly and severally liable for the successful completion of the work. iv) A firm that has been engaged by Ministry/ Department to provide consultancy services for the preparation or implementation of a project, and any of its affiliates (associates, subsidiary, JV partner), shall not be eligible for subsequently providing goods or works (other than a continuation of the firm's earlier consultancy services) for the same project. v) A firm determined non-performing by the Procuring Entity shall not be eligible to bid during the period so determined. vi) The bidder must not have in his employment: a) The near relations (defined as first blood relations, and their spouses, of the bidder or the bidder's spouse) of persons involved in decision making in the procurement as listed in the Appendix to ITB. b) Without Government permission, any person who retired as gazetted officer within the last two years of the rank and from the departments listed in the Appendix to ITB.
4.5.2 Qualification of Bidders Qualification of bidders is done on Pre-qualification Bidding basis (refer Para 3.3.6, PQB) or on post-qualification basis (refer Para 3.3.4, single stage multiple envelope system). In both cases Qualification criteria needs to be laid down in the Bid Document (refer para 3.3.6 iii).It is of utmost importance to develop new contractors and also to provide avenues to Subcontractors, since they may not get opportunities to accumulate the required credentials to compete in normal tenders. To enable a window of entry for such Start-ups and subcontractors, in small value contracts (e.g. repair contracts upto Rs. 30 lakh) the requirements regarding General Construction Experience, Particular Construction Experience and Available Bid Capacity may not be insisted upon provided the bidders fulfil other criteria regarding Financial/ Personnel/ Equipment capabilities [refer para 3.3.6 (iii)]. However to avoid overstretching of their resources, no such contractors may be allowed to hold more than 2 contracts under relaxed credentials, at any given time.