Section 37(2) in Rajasthan Public Procurement Rules, 2012
(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.
