The Public Procurement Rules 2008 - LGED

cautions without creating any problem ; and
(viii) appropriate manpower in terms of numbers and skills required to perform
the contract ;
(b) with regard to legal capacity, the concerned Persons shall ensure that they are
legally entitled to enter into any contract with the Procuring Entity for completion
of the proposed Procurement;
(c) with regard to assessment of the financial capability and status, the
concerned Persons shall provide necessary data in support of satisfactory
financial resources, such as balance sheets where available, annual turnover
and cash flow , and ensure that they are -
(i) solvent, e.g. the Person is financially capable to perform the contract for
the proposed Procurement ;
(ii) not in receivership, e.g. the Person was not in serious financial difficulties
and a court had, at the request of creditors, not stopped it from managing
itself and had placed an independent accountant in charge of the
company’s business operations;
(iii) not bankrupt or not in the process of bankruptcy , e.g. the Person’s
financial situation is not, that they have more debts than income and are
not able to run the business;
(iv) not temporarily barred from undertaking their business for financial
reasons; and
(v) not subject to legal proceedings for reasons stated under Sub Rule 48(2)
(c ) (i),(ii),(iii) and (iv) or any other reason.
(d) with regard to compliance with the taxation obligations, the concerned Persons
shall ensure that they have fulfilled their obligations to pay taxes under the
applicable law;
(e) with regard to compliance with the ethical standards, the concerned Persons
shall ensure that they have not been debarred by any Procuring Entity pursuant
to Section 64 of the Act and these Rules, or convicted of fraud, corruption,
collusive practice or coercion in a court of law; and
(f) the debarment under Sub Rule 2(e) , shall be applicable for his or her own
name or for his or her other names or also in the case of his or her Persons
in different names, if any.
(3) In consideration of the general qualification criteria as described in Sub-Rule (2) and
the nature and magnitude of the object of a particular Procurement, Procuring Entities shall set out
specifically the mandatory requirements qualifications of a Person in the Pre-Qualification
Document, Tender Document or Request for Proposal Document.
(4) In the case of lot-by-lot Tender, if Tenders are to be submitted for one lot or more
than one lot by the Tenderers, the Procuring Entities may set out requirements for
demonstration of Technical and Financial Capacity of the Tenderers for only that lot or
lots for which Tenders submitted .
(4) (5) In order to verify that a potential Person meeting the qualification requirements
specified in this Rule, the Procuring Entity may issue instruction to that Person for
submission of documens or other information supporting those requirements from
appropriate authority or organization.
49. Mandatory documents in support of Qualification of Persons |— (1) The
Procuring Entity may request the Tenderer or Applicant to submit the following Documents –
(a) as regards professional and technical capacity -
(i) documentary evidence that they are enrolled in the relevant professional
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