(1) A procuring entity shall exclude a bid if, -
(a) the bidder is not qualified in terms of section 7;
(b) the bid materially departs from the requirements specified in the bidding documents or it contains false information;
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(c) the bidder submitting the bid, his agent or any one acting on his behalf, gave or agreed to give, to any officer or employee of the procuring entity or other governmental authority a gratification in any form, or any other thing of value, so as to unduly influence the procurement process;
(d) a bidder, in the opinion of the procuring entity, has a conflict of interest materially affecting fair competition.
(2) A bid shall be excluded as soon as the cause for its exclusion is discovered.
(3) Every decision of a procuring entity to exclude a bid shall be for reasons to be recorded in writing.
(4) Every decision of the procuring entity under sub-section(3) shall be,-
(a) communicated to the concerned bidder in writing;
(b) published on the State Public Procurement Portal.
16. CaneeUadon of the procurement process.-
(1) A procuring entity may, for reasons to be recorded in writing, cancel the process of procurement initiated by it, -
(a) at any time prior to the acceptance of the successful bid; or
(b) after the successful bid is accepted in accordance with sub sections (4) and (5).
(2) The procuring entity shall not open any bids or proposals after taking a decision to cancel the procurement and shall return such unopened bids or proposals.
(3) The decision of the procuring entity to cancel the procurement and reasons for such decision shall be immediately communicated to all bidders that participated in the procurement process.
(4) If the bidder whose bid has been accepted as successful fails to sign any written procurement contract as required, or fails to provide any required security for the performance of the contract, the procuring entity may cancel the procurement process after forfeiting the bid security provided by the bidder to the State Government.
1044 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11 , 2017 ( 5) If a bidder is convicted of any offence under this Act, the procuring entity may,-
(a) cancel the relevant procurement process if the bid of the convicted bidder has been declared as successful but no procurement contract has been entered into;
(b) rescind the relevant contract or forfeit the payment of all or a part of the contract value if the procurement contract has been entered into between the procuring entity and the convicted bidder.
'1.7. Award of contract.-
(1) Subject to the provisions of section 25 and sub-section (2) of section 6, the procuring entity shall consider a bid as successful, -
(a) where price is the only award criterion, the bid with the lowest bid price;
(b) where there are price and other award criteria, the most · advantageous bid ascertained on the basis of the criteria and procedures for evaluating bids as specified in the bidding documents;
(c) where there are no financial criteria, the most advantageous bid ascertained on the basis of selected non-financial criteria or other parameters for evaluating bids as specified in the bidding documents.
(2) A bid shall be treated as successful in terms of sub- section (1), only after the competent authority has approved the procurement in terms of that bid.
(3) As soon as the procuring entity, with the approval of the competent authority, decides to accept a bid, it shall communicate that fact to all participating bidders and also publish the decision on the State Public Procurement Portal.
(4) While communicating acceptance of the bid, the procuring entity shall advise the successful bidder to complete the requirements within a specified time for furnishing any performance security in the form of Bank Guarantee or any other Bank instrument and signing of tender agreement and if necessary, conclude the procurement contract.
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