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     9) CRIEPI, Japan           10) EDF, France
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                                         902-WP-1995-2022-Jt_final
The type test should have been conducted on the cable as well as accessories manufactured in the plant from where the manufacturer is proposing to supply the tender cable system. H. Indian manufacturers who have established plant in India and have Technical Collaboration with a foreign firm (collaborator) are also eligible to give MAF (Manufacturer authorize form) to eligible Bidders/Contractors, provided the said Collaborator meets the experience as mentioned in clause no. to D above provided Indian manufacturer has conducted PQ & type test as per IEC on cable system. Following documents shall be submitted by the Indian manufacturer a. The Indian manufacturer shall submit Technical Collaboration agreement confirmation from their collaborator.

ii. Blacklisted / debarred/ convicted contractors (s) are not eligible to participate the bidding process. Intending bidders should furnish the affidavit duly notarized on an appropriate value of stamp paper as per Sr.No.5 of NIB."

11. Petitioners submitted their bid on 3rd December 2021. The exact details of manufacturer and collaborator, if any, in respect of petitioners' bid are not available. However, in view of the fact that eligibility of petitioners is not questioned, such 902-WP-1995-2022-Jt_final details are otherwise unnecessary. Respondent no.8-BNC submitted its bid in which Sterlite Power was shown as an Indian cable manufacturer. Along with its bid, BNC produced Manufacturer Authorization Form of Sterlite Power. The manufacturer-Sterlite Power has technical collaboration agreement for design, manufacturing, engineering and testing of 220 KV cable with Taihan Electric Wire Company Ltd., which is a company incorporated under the laws of South Korea. In support of such collaboration arrangement, a certificate dated 12th January 2021 issued by Taihan was filed along with the bid documents.

(III)The third objection of petitioners is that the documents produced by BNC along with its bid show that it has technical collaboration with two different entities viz. Taihan Cables and Solutions Company Ltd. and Taihan Electric Wire Company Ltd. Though BNC has essentially relied upon the technical collaboration certificate issued by Taihan Electric Wire Company Ltd., petitioners have apparently noticed letter dated 24th November 2021 issued by Taihan Cables and Solutions Company Ltd., confirming technical collaboration agreement with Sterlite Power.

However, perusal of Type test and PQ test certificates submitted BNC would indicate the manufacturer of cable accessories as well. So far as assurance under Clause 7B is concerned, the tender document does not require any specific document to be submitted in support of such an assurance. Therefore, non-submission of document evidencing assurance under Clause 7B would not be a reason to disqualify BNC.

(IX) Petitioners allege absence of 'technical collaboration agreement', being produced along with BNC's bid documents by. However, Clause 6H of the NIB would indicate that production of "technical collaboration agreement" is not a mandatory condition. What is required to be submitted is Manufacturer Authorization Form. BNC has produced the certificate of collaboration dated 12th January 2021 issued in the name of manufacturer Sterlite Power. Therefore, this objection also deserves to be rejected.