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maseno university request for pre-qualification tender no.

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2.4.7 Litigation history the applicant should provide accurate in<strong>for</strong>mation on anylitigation or arbitration resulting from contracts completed or under its executio<strong>no</strong>ver the last five years. A consistent history of awards against the applicant orany partner of a joint venture may result in failure of the application.C2.5 Joint Venture2.5.1 Joint ventures must comply with the following:-(a) Following are the minimum <strong>qualification</strong> requirements.(i) The lead partner shall meet all the qualifying criteria in paras’s 2.4.2 and 2.4.5above.(ii) The other partners shall meet individually all the qualifying criteria given inpara. 2.4.3 and 2.4.6 above(iii) The joint venture must satisfy collectively the criteria of section 4, <strong>for</strong> whichpropose the relevant figures <strong>for</strong> each of the partners shall be added together toarrive at the joint ventures total capacity. Individual members must each satisfythe requirements of para 2.4.6 and 2.4.7 above.(b) The <strong>for</strong>mation of a joint venture after <strong>pre</strong>-<strong>qualification</strong> and any change in a<strong>pre</strong>qualified joint venture will be subject to the written approval of the procuringentity prior to the deadline <strong>for</strong> submission of bids. Such approval may be deniedif (i) partners withdraw from a joint venture and the remaining partners do <strong>no</strong>tmeet the qualifying requirements (ii) the new partners to a joint venture are <strong>no</strong>tqualified, individually or as a<strong>no</strong>ther joint venture; or (iii) in the opinion of theprocuring entity a substantial reduction in competition may result.(c ) Any future bid shall be signed so as to legally bind all partners, jointly andseverally, and any bid shall be submitted with a copy of the joint ventureagreement providing the joint and several liability with respect to the contract.2.5.2 The <strong>pre</strong>-<strong>qualification</strong> of a joint venture does <strong>no</strong>t necessarily <strong>pre</strong> qualify any of itsmembers individually as a member in any other joint venture or association.Incase of dissolution of a joint venture, each one of the constituent firms may<strong>pre</strong>qualify if it meets all the <strong>pre</strong><strong>qualification</strong> requirements, subject to a writtenapproval of the procuring entityC2.6 Public Sector companies2.6.1 Any public owned enterprise may be eligible to qualify if, in addition to meetingall the above requirements, it is also legally and financially auto<strong>no</strong>mous, it8

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