Section 37 in Rajasthan Public Procurement Rules, 2012
37. Eligibility of bidders.
(1)A Bidder may be a natural person, private entity, government-owned entity or any combination of them with a formal intent to enter into an agreement or under an existing agreement in the form of a Joint Venture (JV). In the case of a JV: -(a)all parties to the JV shall be jointly and severally liable; and(b)a JV shall nominate a Representative who shall have the authority to conduct all businesses for and on behalf of any and all the parties of the JV during the bidding process and, in the event the JV is awarded the Contract, during contract execution.(2)A bidder should not have a conflict of interest in the procurement in question. The State Government considers a conflict of interest to be a situation in which a bidder has interests that could improperly influence its performance of contractual obligations, or compliance with applicable laws and regulations, and that such conflict of interest may contribute to or constitute a prohibited practice under the Code of Integrity for Bidders. The procuring entity will take appropriate actions, against the bidder, if it determines that a conflict of interest has flawed the integrity of any procurement process. Consequently, all bidders found to have a conflict of interest shall be disqualified. A bidder may be considered to be in a conflict of interest with one or more parties in the bidding process if, including but not limited to:(a)have controlling shareholders in common; or(b)receive or have received any direct or indirect subsidy from any of them; or(c)have the same legal representative for purposes of the bid; or(d)have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the bid of another bidder, or influence the decisions of the competent authority regarding the bidding process; o(e)a bidder participates in more than one bid in the bidding process. participation by a bidder in more than one bid will result in the disqualification of all bids in which it is involved. However, this does not limit the inclusion of the same subcontractor, not otherwise participating as a bidder, in more than one bid; or(f)a bidder or any of its affiliates participated as a consultant or in any other capacity in the preparation of the design or technical specifications of the goods, works or services that are the subject of the bid.(3)(a)A bidder shall not be eligible to participate in any procurement process undertaken by any procuring entity if it has been debarred by the State Government.(b)A bidder shall not be eligible to participate in any procurement process undertaken by a procuring entity if it has been debarred by that procuring entity.(4)Bids shall be given only by manufacturer/ distributors/ bona fide dealers in the goods. The bidders shall, therefore, furnish necessary proof for the same in the prescribed format. Where applicable, proof of authorization, by the manufacturer or country distributor in India, in the prescribed format shall invariably be enclosed.
