RFP (Before Pre-Bid) - RISL - Government of Rajasthan

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RISL: RFP FOR SETTING UP OF VIDEO CONFERENCE SOLUTION IN RAJASTHAN (BEFORE PRE-BID)23-Aug-13vii. any obstruction of any investigation or audit of a procurement process;ii. disclosure of conflict of interest;iii. disclosure by the bidder of any previous transgressions with any entity inIndia or any other country during the last three years or of any debarment byany other procuring entity.c) Without prejudice to the provisions below, in case of any breach of the code ofintegrity by a bidder or prospective bidder, as the case may be, the procuring entitymay take appropriate measures including: -i. exclusion of the bidder from the procurement process;ii. calling-off of pre-contract negotiations and forfeiture or encashment of bidsecurity;iii. forfeiture or encashment of any other security or bond relating to theprocurement;iv. recovery of payments made by the procuring entity along with interestthereon at bank rate;v. cancellation of the relevant contract and recovery of compensation for lossincurred by the procuring entity;vi. debarment of the bidder from participation in future procurements of theprocuring entity for a period not exceeding three years.5.31. Interference with Procurement ProcessA bidder, who: -a) withdraws from the procurement process after opening of financial bids;b) withdraws from the procurement process after being declared thesuccessful bidder;c) fails to enter into procurement contract after being declared the successfulbidder;d) fails to provide performance security or any other document or securityrequired in terms of the bidding documents after being declared thesuccessful bidder, without valid grounds,Seal & Signature of the Auth. Sign. Page 53 of 147
RISL: RFP FOR SETTING UP OF VIDEO CONFERENCE SOLUTION IN RAJASTHAN (BEFORE PRE-BID)23-Aug-13shall, in addition to the recourse available in the bidding document orthe contract, be punished with fine which may extend to fifty lakh rupees or tenper cent of the assessed value of procurement, whichever is less.5.32. Appealsa) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospectivebidder is aggrieved that any decision, action or omission of the procuringentity is in contravention to the provisions of the Act or the rules or guidelinesissued thereunder, he may file an appeal to such officer of the procuring entity, asmay be designated by it for the purpose, within a period of 10 days from the date ofsuch decision or action, omission, as the case may be, clearly giving the specificground or grounds on which he feels aggrieved:a. Provided that after the declaration of a bidder as successful in terms of“Award of Contract”, the appeal may be filed only by a bidder who hasparticipated in procurement proceedings:b. Provided further that in case a procuring entity evaluates the technical Bidbefore the opening of the financial Bid, an appeal related to the matter offinancial Bid may be filed only by a bidder whose technical Bid is found to beacceptable.b) The officer to whom an appeal is filed under (a) above shall deal with the appeal asexpeditiously as possible and shall endeavour to dispose it of within 30 days fromthe date of filing of the appeal.c) If the officer designated under (a) above fails to dispose of the appeal filed underthat sub-section within the period specified in (b) above, or if the bidder orprospective bidder or the procuring entity is aggrieved by the order passed, thebidder or prospective bidder or the procuring entity, as the case may be, may file asecond appeal to an officer or authority designated by the State Government in thisbehalf within 15 days from the expiry of the period specified in (b) above or of thedate of receipt of the order passed under (b) above, as the case may be.d) The officer or authority to which an appeal is filed under (c ) above shall deal withthe appeal as expeditiously as possible and shall endeavour to dispose it of within30 days from the date of filing of the appeal:Seal & Signature of the Auth. Sign. Page 54 of 147
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RFP (Before Pre-Bid) - RISL - Government of Rajasthan

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