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IN THE HIGH COURT OF DELHI AT NEW DELHI - page 8 / 20

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5

I/ We acknowledge the right of the Authority to reject our Application without

assigning any reason or otherwise and hereby waive our right to challenge the same on

any account whatsoever.

6.

We certify that in the last three years, we/ any of the Consortium Members have

neither failed to perform on any contract, as evidenced by imposition of a penalty or a judicial pronouncement or arbitration award, nor been expelled from any project or

contract nor have had any contract terminated for breach on our part.

  • 7.

    I/We declare that:

    • (a)

      I/We have examined and have no reservations to the RFQ document, including

any Addendum issued by the Authority.

  • (b)

    I/ We do not have any conflict of interest in accordance with Clauses 2.2.1(c) and

      • 2.2.1

        (d) of the RFO document; and (emphasis ours)

        • (c)

          I/ We have not directly or indirectly or through an agent engaged or indulged in

any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as defined in Clause 4.3 of the RFQ document, in respect of any tender or request for proposal issued by or any agreement entered into with the Authority or any other public sector enterprise or any government, Central or State; and (d) I/ We hereby certify that we have taken steps to ensure that in conformity with the provisions of Clause 4 of the RFQ document, no person acting for us or on our behalf has engaged or will engage in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice.

8.

I/ We understand that you may cancel the Bidding Process at any time and that

you are neither bound to accept any Application that you may receive nor to invite the Applicants to Bid for the Project, without incurring any liability to the Applicants, in

accordance with Clause 2.17.6 of the RFQ document.

9.

I/ We believe that we/ our Consortium/ proposed Consortium satisfy(ies) the Net

Worth criteria and meet(s) the requirements as specified in the RFQ document and are/ is qualified to submit a Bid in accordance with the guidelines for qualification of bidders seeking to acquire stakes in Public Sector Enterprises through the process of disinvestment issued by the GOI vide Department of Disinvestment OM No. 6/4/2001- DD-II dated 13th July, 2001 which guidelines apply mutatis mutandis to the Bidding

Process.

10.

I/ We declare that we/ any Member of the Consortium, are/ is not a Member of a/

any other Consortium applying for pre-qualification.

11.

I/ We certify that in regard to matters other than security and integrity of the

country, we have not been convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority which could cast a doubt on our ability to undertake the Project or which relates to a grave offence that outrages the moral sense of the

community.

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