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STANDARD FORM OF BIDDING DOCUMENTS FOR ...

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this regard. The Employer/Engineer will have the right to verify the particulars<br />

regarding the plant and other related information furnished with the bid and<br />

the joint venture as well as the partners thereof shall be liable for<br />

disqualification in the event of any mis-statement/mis-representation on their<br />

part.<br />

The bidder shall furnish documentary evidence of qualification on the Form<br />

“Evidence of Bidder‟s Capability” (Appendix B to these Instructions)<br />

(b)<br />

The bidder should have an average annual turnover in the last five years equal<br />

to or more than the Total Bid Price. Alternately, the bidder should have<br />

successfully completed in the last five years any specific project having value<br />

equal to or higher than the total Bid Price.<br />

13.5 Joint Venture<br />

In order for a Joint Venture to qualify:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

(g)<br />

At least one of the partners of joint venture shall satisfy the relevant<br />

experience criteria specified in Sub-Clause 13.4(a) hereinabove.<br />

All firms comprising the joint venture shall be legally constituted and shall<br />

meet the eligibility requirement of Sub-Clause 2.1 hereof.<br />

All partners of the joint venture shall at all times and under all circumstances<br />

be liable jointly and severally to Employer for the execution of the entire<br />

Contract in accordance with the Contract terms and conditions and a statement<br />

to this effect shall be included in the authorization mentioned under para (f)<br />

below as well as in the Form of Bid and Form of Contract Agreement (in case<br />

of a successful bidder).<br />

The Form of Bid, and in the case of successful bidder, the Form of Contract<br />

Agreement, shall be signed so as to be legally binding on all partners.<br />

One of the joint venture partners shall be nominated as being in-charge and<br />

this authorisation shall be evidenced by submitting a power of attorney signed<br />

by legally authorized signatories of all the joint venture partners.<br />

The partner-in-charge shall be authorized to incur liabilities, receive payments<br />

and receive instructions for and on behalf of any or all partners of the joint<br />

venture.<br />

A copy of the agreement entered into by the joint venture partners shall be<br />

submitted with the bid stating the conditions under which it will function, its<br />

period of duration, the persons authorized to represent and obligate it and<br />

which persons will be directly responsible for due performance of the Contract<br />

and can give valid receipts on behalf of the joint venture, the proportionate<br />

participation of the several firms forming the joint venture, and any other<br />

information necessary to permit a full appraisal of its functioning. No<br />

amendments / modifications whatsoever in the joint venture agreement shall<br />

(14)

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