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IN THE HIGH COURT OF DELHI AT NEW DELHI - page 10 / 20

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Note: Paragraph in square parenthesis may be omitted, if not applicable, or modified as necessary.

1.2.1

The Authority has adopted a two-stage process (collectively referred to as the

“Bidding Process”) for selection of the (the “Qualification Stage”) of the

Bidder for award of the Project. process involved qualification

The

first stage

of

interested

parties/Consortia in accordance with the provisions of Authority shortlisted [6 (six)] suitable pre-qualified

RFQ. At the end of this stage, Applicants who were eligible

the for

participation Request for

in the second stage of

Proposals.

[GOI

has

the Bidding Process (the “Bid Stage”) comprising issued guidelines (see Appendix-V of enterprise

through the process of the Bidding Process.

disinvestment. The Authority

These guidelines shall apply mutatis mutandis shall be entitled to disqualify an Applicant

to in

accordance

with

the

aforesaid

guidelines

at

any

stage

of

the

Bidding

Process.

Applicants

must satisfy themselves this effect in the form at

that they are qualified Appendix-I](emphasis

to bid, ours)

and

should

give

an

undertaking

to

1.2.2

In the Bid Stage, the aforesaid short listed Applicants, including their successors,

(the “Bidders”) are being called upon to submit their Bids in accordance with the Bidding

Documents. The Bid shall be valid for a period of not less than 120 days from the specified in Clause .3 for submission of bids (the “Bid Due Date”). (emphasis ours)

date

2.6.2 if: (a)

The Authority reserves the right to reject any Bid and appropriate the Bid Security

at any time, a material misrepresentation is made or uncovered, or

(b) the Bidder does not provide, within the time

specified by the Authority,

the

supplemental information sought by the Authority for evaluation of the Bid.

Such misrepresentation/improper response shall lead to the disqualification of the Bidder. If the Bidder is a Consortium, then the entire Consortium shall be disqualified/rejected. If such disqualification/rejection occurs after the Bids have been opened and the [lowest/highest] Bidder gets disqualified/rejected, then the Authority reserves the right to:

  • (i)

    invite the remaining Bidders to submit Bids in accordance with Clause 3.3.3 and

      • 3.3.4

        ; or

        • (ii)

          take any such measure as may be deemed fit in the sole discretion of the

Authority, including annulment of the Bidding Process. (emphasis ours)

2.6.3

In

case

it

is

found

during

the

evaluation

or

at

any

time

before

signing

of

the

Concession Agreement or after its execution and during the period of subsistence thereof, including the Concession thereby granted by the Authority, that one or more of the pre- qualification conditions have not been met by the Bidder or the Bidder has made material misrepresentation or has given any materially incorrect or false information, the Bidder shall be disqualified forthwith if not yet appointed as the Concessionaire either by issue of the LOA or entering into of the Concession Agreement, and if the Bidder has already

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