Section 36 in Rajasthan Public Procurement Rules, 2012
36. Qualification of bidders.
(1)A procuring entity may determine and apply one or more of the requirements specified in sub-rule (2) for a bidder to be qualified for participating in a procurement process.(2)Any bidder participating in the procurement process shall -(a)possess the necessary professional, technical, financial and managerial resources and competence required by the bidding documents, pre44 qualification documents or bidder registration documents, as the case may be, issued by the procuring entity;(b)have fulfilled his obligation to pay such of the taxes payable to the Union or the State Government or any local authority as may be specified in the bidding documents, pre-qualification documents or bidder registration documents;(c)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;(d)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;(e)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;(3)Subject to the right of bidders to protect their intellectual property or trade secrets the procuring entity may require a bidder to provide any such information or declaration as it considers necessary to make an evaluation in accordance with sub-rule (1).(4)Any requirement established pursuant to this rule shall be set out in the pre-qualification documents or bidder registration documents, if any, and in the bidding documents and shall apply equally to all bidders.(5)The procuring entity shall evaluate the qualifications of bidders only in accordance with the requirement specified in this rule.(6)(a)The procuring entity shall disqualify a bidder if it finds at any time that the information submitted concerning the qualifications of the bidder was false or constituted a misrepresentation;(b)A procuring entity may disqualify a bidder if it finds at any time that the information submitted concerning the qualifications of the bidder was materially inaccurate or materially incomplete;(c)Other than in a case to which sub-rule (a) of this rule applies, a procuring entity may not disqualify a bidder on the ground that information submitted concerning the qualifications of the bidder was inaccurate or incomplete in a non-material respect. The bi d d e r may, however, be disqualified if it fails to remedy such deficiencies promptly upon request by the procuring entity;(d)The procuring entity may require a bidder that was pre-qualified to demonstrate its qualifications again in accordance with the same criteria used to pre-qualify such bidder. The procuring entity shall disqualify any bidder that fails to demonstrate its qualifications again if requested to do so. The procuring entity shall promptly notify each bidder requested to demonstrate its qualifications again as to whether or not the bidder has done so to the satisfaction of the procuring entity.
