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22. Learned AG further submitted that as per Section 7 of the RTPP Act the procuring authority may prescribe additional criteria in the tender document and in the present case the procuring entity has prescribed a criterion at Point No.4 of Pre-qualification/ Eligibility Criteria, stipulating that the bidder must submit a declaration to the effect that it has not been debarred/blacklisted either by any bid inviting authority or by any organization functional under Central/State Government and this information ought to be current as on the date of publication of bid. He also submitted that criterion prescribed at point no.4 is in addition to the qualification criteria as provided under Rule 39 of the RTPP Rules and not in derogation of the same. He also submitted that the petitioner has not challenged the criterion prescribed at Point no.4 of the bid document in the instant writ petitions. He thus, submitted while relying on criterion prescribed at Point No.4 of the [2025:RJ-JD:16502 qua CW 3497/2025 & (18 of 39) [CW-3497/2025] connected matters] [2025:RJ-JD:16514 qua CW 6362/2025] Pre-Bid Qualification/Eligibility Criteria of Bid document that as on the date of publication of NIT i.e. on 25.09.2024, the petitioner stood debarred/blacklisted vide order dated 17.01.2023 for a period of three years, however, the petitioner submitted false affidavit and declaration at the time of submitting the bids while concealing such blacklisting order, therefore, the petitioner was rightly held non-responsive.

"7. Qualifications of bidders.- (1) A procuring entity may determine and apply one or more of the requirements specified in sub-section (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, pre-qualification documents or bidder registration documents, as the case may be, issued by the procuring entity;
(2) A bidder should not have a conflict of interest in the procurement in question as stated in rule 81 and the bidding documents. The procuring entity shall take appropriate actions against the bidder in accordance with section 11 and Chapter IV of the Act, if it determines that a conflict of interest has flawed the integrity of any procurement process. All bidders found to have a conflict of interest shall be disqualified.
(3) A bidder debarred under section 46 shall not be eligible to participate in any procurement process undertaken by,-
"All the parties were heard at length, the documents submitted by them and the reply submitted by opposite parties, RTPP, Act 2012 and RTPP Rule, 2013 were carefully examined.
The firm has not produced any new document/evidence to the appellate authority which make him eligible for the procurement process. By perusal of the document presented before the authority, it is evident that the firm was blacklisted/debarred on the date of publication of the bid i.e.26-09-2024 [Sic] as per prequalification/eligibility criteria mentioned on Sr No.4 of page 08 of the bid document issued by the department [2025:RJ-JD:16502 qua CW 3497/2025 & (37 of 39) [CW-3497/2025] connected matters] [2025:RJ-JD:16514 qua CW 6362/2025] i.e. procurement entity, which was mandatory condition for all the bidders. The procurement entity is free to take appropriate action against the defaulter firm as per the provisions of RTPP Act 2012 and other relevant acts and rules.