Section 6(5) in Assam Public Procurement Act, 2017
(5)Eligibility conditions :(a)The procuring entity may, however, lay down reasonable Eligibility Conditions for participation in the procurement process, as distinct from and in addition to any technical or financial qualification criteria, if prescribed, to ensure compliance with the Transparency and Code of Integrity as enunciated in section 4(l)(b) and (d). Rules and guidelines hereunder may lay down eligibility conditions that may be prescribed by procuring entities.(b)Any bidder participating in the procurement process shall, -(i)have fulfilled his obligation to pay such of the taxes payable to the Central Government or the State Government or any local authority as may be specified in the bidding documents, pre-qualification documents or bidder registration documents;(ii)not be insolvent, in receivership, bankrupt or being wound up, not have its affairs administered by a court or a judicial officer, not have its business activities suspended and must not be the subject of legal proceedings for any of the foregoing reasons;(iii)not have, and their directors and officers not have, been convicted of any criminal offence related to their professional conduct or the making of false statements or misrepresentations as to their qualifications to enter into a procurement contract within a period of three years preceding the commencement of the procurement process, or not have been otherwise disqualified pursuant to debarment proceedings;(iv)not have a conflict of interest as may be prescribed and specified in the pre-qualification documents, bidder registration documents or bidding documents, which materially affects fair competition;(v)fulfill any other Eligibility Condition as may be prescribed, in terms of sub-section (5) (a) above.
