The procuring entity may lay down, in the bidding documents, specific eligibility conditions for participating bidders. In general, the eligibility conditions shall be as follows :-
(1) The bidder shall not havebeen debarred by the State Government as per provisions under section 46 of the Act.
(2) Where specifically permitted in the bidding documents, any bidders having formal intent and legal competency to enter into an agreement or contract or participate under an existing agreement or contract in the form of a Joint Venture.
(3) In the case of a Joint Venture:-
(a) no partner of the Joint Venture shall submit an independent bid for the same package for which the Joint Venture submits a bid as this shall constitute conflict of interest;
(b) all partners of the Joint Venture shall be jointly and severally liable for the bid and for the execution of the Contract in accordance with the terms of the 6 contract and a relevant statement to this effect shall be submitted by them in evidence thereof;
(c) in the event of the bid of Joint Venture being accepted, they shall either form a registered Joint Venture Company or a Limited Liability Partnership, or a Partnership Firm or else the contract documents and the Joint Venture Agreement, etc. shall be duly signed and executed in such a manner as may be required for making it legally binding on all partners and clearly indicating, amongst other things, the proposed distribution of responsibilities, both financial as well as technical, for execution of the work amongst them; and
(d) the Joint Venture shall nominate a Lead Partner who shall have the authority to conduct all business for and on behalf of any or all the parties of the Joint Venture during the bidding process and during execution of the contract.
This authorization shall be evidenced by submitting a power of attorney signed by the legally authorized signatories of all the partners or, otherwise, all the parties in Joint Venture shall sign the Agreement.
(4) In addition to the eligibility conditions prescribed in sub-section (5) of section 6 of the Act, a bidder to be eligible shall not have a conflict of interest in the procurement in question as laid down in the Act, these rules and the pre-qualification documents or bidding documents or bidder registration documents. Any bidder found to have a conflict of interest shall be disqualified and its bid or other security shall forfeited and also be liable to other appropriate measures prescribed in sub-section (3) of section 11 of the Act:
Provided that such bidders shall be given a reasonable opportunity of being heard before such disqualification.