The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED
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(2) A firm, proposed as a Subconsultant in any Proposal, may participate in more than<br />
one Proposal, but only in the capacity of a Subconsultant.<br />
(3) Qualifications of Subcontractors that have been specifically mentioned in the<br />
Tender may be considered only for works assigned for that Subcontractor in the evaluation of<br />
Qualification of a Tenderer.<br />
(4) <strong>The</strong> general experience and financial resources of Subcontractors shall not be added<br />
to those of the Tenderer.<br />
(5) An Applicant submitting a Proposal individually, or as JVCA partner, shall not be<br />
accepted as a Subconsultant to any other Applicant in the same <strong>Procurement</strong> process.<br />
(6) In the event that a Subcontractor or a Subconsultant is appointed, the prime Supplier,<br />
Contractor or Consultant shall still retain full responsibility for the contract and cannot pass any<br />
contractual obligations to the Subcontractor or a Subconsultant and under no circumstances shall<br />
assignment of the Contract to the Subcontractor or Subconsultant be allowed.<br />
(7) <strong>The</strong> prime Supplier or Contractor or Consultant shall remain responsible for<br />
administering its Subcontractors or Subconsultants and the Procuring Entity’s review of<br />
subcontracts shall normally be confined to evaluating the prime Supplier’s, Contractor’s or<br />
Consultant’s management of the sub-contracts.<br />
PART- 10<br />
JOINT VENTURES<br />
54. Joint Ventures. |— (1) <strong>The</strong> Procuring Entity may allow Persons to participate in<br />
<strong>Procurement</strong> proceedings individually or by forming JVCA for contracts involving the <strong>Procurement</strong><br />
of Works, Physical Services and intellectual and professional Services:<br />
provided that only the Letter of Intents for formation of a JVCA shall not be enough to<br />
prove the existence of a JVCA .<br />
(2) <strong>The</strong> JVCA agreement shall be executed on a non-judicial stamp of value or<br />
equivalent as specified in Schedule II and signed by all legally authorized representatives of the<br />
Persons who are parties to such agreement.<br />
(3) As an alternative to Sub–Rule (2), a Letter of Intent to execute a Joint Venture<br />
Agreement, in the event of a successful Tender or Proposal, shall be signed by all partners and<br />
submitted with the Tender or Proposal together with a copy of the proposed agreement:<br />
provided that the Letter of Intent signed by all partners of the JVCA is authenticated by a<br />
Notary <strong>Public</strong>.<br />
(4) Each partner of the Joint Venture, Consortium or Association shall be jointly and<br />
severally liable for all liabilities and ethical or legal obligations under the contract.<br />
(5) During the <strong>Procurement</strong> process and, in the event the JVCA is awarded the<br />
Contract, during contract execution the JVCA formed under Sub-Rule (2) and (3) shall nominate<br />
a representative who shall have the authority to conduct all business including the receipt of<br />
payments for and on behalf of all the partners of the JVCA. .<br />
(6) Minimum qualification requirements, for the leading partner of the JVCA and the other<br />
partner(s) , may be specified in the Pre-qualification Document, Tender Document or the Request<br />
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