Common use of Fraud & Corrupt Practices and Penalty Clause in Contracts

Fraud & Corrupt Practices and Penalty. a) Even if the bidder satisfies every criterion as per the guidelines set forth above, but at any stage during the tender process, or after the issuance of XXXX to the successful bidder, or after the execution of concession agreement or during the subsistence thereof, AAI at its discretion can disqualify the bidder or terminate the concession (as the case maybe), if the bidder/licensee: i. has been debarred by any state or central government or government agency in India and the same is subsisted at the time of NIT; or ii. has made misleading or false representation in the forms, statements and attachments submitted; or iii. the applicant does not respond promptly and thoroughly to requests for supplementary information requested by AAI for the evaluation of the Proposal; or iv. One or more of the eligibility criterion have not been met by the Applicant; or v. The Applicant has made a material mis representation; or vi. The Applicant has engaged in a corrupt, fraudulent, coercive, undesirable or restrictive practice; vii. The applicant or its affiliates or a person or entity having legal relationship with applicant committed any fraud or forgery by way of submission of any kind of documents/ bank guarantee/ Security Deposit etc (during the tender process and thereafter) with this or any other tender/ contract with Airports Authority of India or any PSU or Government Departments during the last 5 years; b) Then the XXXX or the draft Agreement, as the case may be, shall, notwithstanding anything to the contrary contained therein or in this NIT Document, be liable to be terminated by a communication in writing by AAI to the agency without AAI being liable in any manner whatsoever to the agency. In such an event, AAI shall forfeit and appropriate the EMD and Performance Security and debar the agency from AAI tenders for any period not succeeding subject to minimum of three years, as the case may be without prejudice to any other right or remedy that may be available to AAI in this regard. c) If such an event occurs after the issuance of XXXX and during the contract period, then AAI reserves the right to take any such measure as may be deemed fit in the sole discretion of AAI, including annulment of the contract and forfeiture of the Performance Security amount. d) Proposals shall be deemed to be under consideration immediately after they are opened until such time that AAI makes an official intimation of award/rejection to the Applicants. While the Proposals are under consideration, Applicants and/or their representatives or other interested parties are advised to refrain from contacting, by any means, AAI and/or their employees/representatives on matters relating to the Proposals under consideration.

Fraud & Corrupt Practices and Penalty. a) Even if the bidder satisfies every criterion as per the guidelines set forth above, but at any stage during the tender process, or after the issuance of XXXX to the successful bidder, or after the execution of concession agreement or during the subsistence thereof, AAI at its discretion can disqualify the bidder or terminate the concession (as the case maybe), if the bidder/licensee: i. has been debarred by any state or central government or government agency in India and the same is subsisted at the time of NIT; or ii. has made misleading or false representation in the forms, statements and attachments submitted; or iii. the applicant does not respond promptly and thoroughly to requests for supplementary information requested by AAI for the evaluation of the Proposal; or iv. One or more of the eligibility criterion have not been met by the Applicant; or v. The Applicant has made a material mis representation; or vi. The Applicant has engaged in a corrupt, fraudulent, coercive, undesirable or restrictive practice; vii. The applicant or its affiliates or a person or entity having legal relationship with applicant committed any fraud or forgery by way of submission of any kind of documents/ bank guarantee/ Security Deposit etc (during the tender process and thereafter) with this or any other tender/ contract with Airports Authority of India ofIndia or any PSU or Government Departments during the last 5 years; b) Then the XXXX or the draft Agreement, as the case may be, shall, notwithstanding anything to the contrary contained therein or in this NIT Document, be liable to be terminated by a communication in writing by AAI to the agency without AAI being liable in any manner whatsoever to the agency. In such an event, AAI shall forfeit and appropriate the EMD and Performance Security and debar the agency from AAI tenders for any period not succeeding subject to minimum of three years, as the case may be without prejudice to any other right or remedy that may be available to AAI in this regard. c) If such an event occurs after the issuance of XXXX and during the contract period, then AAI reserves the right to take any such measure as may be deemed fit in the sole discretion of AAI, including annulment of the contract and forfeiture of the Performance Security amount. d) Proposals shall be deemed to be under consideration immediately after they are opened until such time that AAI makes an official intimation of award/rejection to the Applicants. While the Proposals are under consideration, Applicants and/or their representatives or other interested parties are advised to refrain from contacting, by any means, AAI and/or their employees/representatives on matters relating to the Proposals under consideration.

Fraud & Corrupt Practices and Penalty. a) Even if the bidder satisfies every criterion as per the guidelines set forth above, but at any stage during the tender process, or after the issuance of XXXX to the successful bidder, or after the execution of concession agreement or during the subsistence thereof, AAI at its discretion can disqualify the bidder or terminate the concession (as the case maybe), if the bidder/licensee: i. has been debarred by any state or central government or government agency in India and the same is subsisted at the time of NIT; or ii. has made misleading or false representation in the forms, statements and attachments submitted; or iii. the applicant does not respond promptly and thoroughly to requests for supplementary information requested by AAI for the evaluation of the Proposal; or iv. One or more of the eligibility criterion criteria have not been met by the Applicant; or v. The Applicant has made a material mis representationmisrepresentation; or vi. The Applicant has engaged in a corrupt, fraudulent, coercive, undesirable or restrictive practice; vii. The applicant or its affiliates or a person or entity having legal relationship with applicant committed any fraud or forgery by way of submission of any kind of documents/ bank guarantee/ Security Deposit etc etc. (during the tender process and thereafter) with this or any other tender/ contract with Airports Authority of India or any PSU or Government Departments during the last 5 years5years; b) Then the XXXX LOA or the draft Agreement, as the case may be, shall, notwithstanding anything to the contrary contained therein or in this NIT Document, be liable to be terminated by a communication in writing by AAI to the agency without AAI being liable in any manner whatsoever to the agency. In such an event, AAI shall forfeit and appropriate the EMD and Performance Security and debar the agency from AAI tenders for any period not succeeding subject to minimum of three years, as the case may be without prejudice to any other right or remedy that may be available to AAI in this regard. c) If such an event occurs after the issuance of XXXX LOA and during the contract period, then AAI reserves the right to take any such measure as may be deemed fit in the sole discretion of AAI, including annulment of the contract and forfeiture of the Performance Security amount. d) Proposals shall be deemed to be under consideration immediately after they are opened until such time that AAI makes an official intimation of award/rejection to the Applicants. While the Proposals are under consideration, Applicants and/or their representatives or other interested parties are advised to refrain from contacting, by any means, AAI and/or their employees/representatives on matters relating to the Proposals under consideration.

Fraud & Corrupt Practices and Penalty. a) Even if the bidder satisfies every criterion as per the guidelines set forth above, but at any stage during the tender Quotation process, or after the issuance of XXXX to the successful bidder, or after the execution of concession agreement or during the subsistence thereof, AAI at its discretion can disqualify the bidder or terminate the concession (as the case maybemay be), if the bidder/licensee: i. has been debarred by any state or central government or government agency in India and the same is subsisted at the time of NITNIQ; or ii. has made misleading or false representation in the forms, statements and attachments submitted; or iii. the applicant does not respond promptly and thoroughly to requests for supplementary information requested by AAI for the evaluation of the Proposal; or iv. One or more of the eligibility criterion criteria have not been met by the Applicant; or v. The Applicant has made a material mis representationmisrepresentation; or vi. The Applicant has engaged in a corrupt, fraudulent, coercive, undesirable or restrictive practice;; or vii. The applicant or its affiliates associates or a person or entity having legal relationship with applicant committed any fraud or forgery by way of submission of any kind of documents/ bank guarantee/ Security Deposit etc (during the tender Quotation process and thereafter) with this or any other tender/ Quotation / contract with Airports Authority of India or any PSU or Government Departments during the last 5 years; b) Then the XXXX LOA or the draft Agreement, as the case may be, shall, notwithstanding anything to the contrary contained therein or in this NIT NIQ Document, be liable to be terminated by a communication in writing by AAI to the agency without AAI being liable in any manner whatsoever to the agency. In such an event, AAI shall forfeit and appropriate the EMD and Performance Security and debar the agency from AAI tenders Quotations for any period not succeeding subject to minimum of three years, as the case may be without prejudice to any other right or remedy that may be available to AAI in this regard. c) If such an event occurs after the issuance of XXXX LOA and during the contract period, then AAI reserves the right to take any such measure as may be deemed fit in the sole discretion of AAI, including annulment of the contract and forfeiture of the Performance Security amount. d) Proposals shall be deemed to be under consideration immediately after they are opened until such time that AAI makes an official intimation of award/rejection to the Applicants. While the Proposals proposals are under consideration, Applicants and/or their representatives or other interested parties are advised to refrain from contacting, by any means, AAI and/or their employees/representatives on matters relating to the Proposals under consideration.

Fraud & Corrupt Practices and Penalty. a) Even if the bidder satisfies every criterion as per the guidelines set forth above, but at any stage during the tender process, or after the issuance of XXXX to the successful bidder, or after the execution of concession agreement or during the subsistence thereof, AAI at its discretion can disqualify the bidder or terminate the concession (as the case maybemay be), if the bidder/licensee: i. has been debarred by any state or central government or government agency in India and the same is subsisted at the time of NIT; or ii. has made misleading or false representation in the forms, statements and attachments submitted; or iii. the applicant does not respond promptly and thoroughly to requests for supplementary information requested by AAI for the evaluation of the Proposal; or iv. One or more of the eligibility criterion have not been met by the Applicant; or v. The Applicant has made a material mis representationmisrepresentation; or vi. The Applicant has engaged in a corrupt, fraudulent, coercive, undesirable or restrictive practice;; or vii. The applicant or its associates/affiliates or a person or entity having legal relationship with applicant committed any fraud or forgery by way of submission of any kind of documents/ bank guarantee/ Security Deposit etc (during the tender process and thereafter) with this or any other tender/ contract with Airports Authority of India or any PSU or Government Departments during the last 5 years; b) Then the XXXX or the draft Agreement, as the case may be, shall, notwithstanding anything to the contrary contained therein or in this NIT Document, be liable to be terminated by a communication in writing by AAI to the agency without AAI being liable in any manner whatsoever to the agency. In such an event, AAI shall forfeit and appropriate the EMD and Performance Security and debar the agency from AAI tenders for any period not succeeding subject to minimum of three years, as the case may be without prejudice to any anY other right or remedy that may be available to AAI in this regard. c) If such an event occurs after the issuance of XXXX LoA and during the contract period, then AAI reserves the right to take any such measure as may be deemed fit in the sole discretion of AAI, including annulment of the contract and forfeiture of the Performance Security amount. d) Proposals shall be deemed to be under consideration immediately after they are opened until such time that AAI makes an official intimation of award/rejection to the Applicants. While the Proposals proposals are under consideration, Applicants and/or their representatives or other interested parties are advised to refrain from contacting, by any means, AAI and/or their employees/representatives on matters relating to the Proposals under consideration.

Fraud & Corrupt Practices and Penalty. a) Even if the bidder satisfies every criterion as per the guidelines set forth above, but at any stage during the tender process, or after the issuance of XXXX to the successful bidder, or after the execution of concession agreement or during the subsistence thereof, AAI at its discretion can disqualify the bidder or terminate the concession (as the case maybe), if the bidder/licensee: i. has been debarred by any state or central government or government agency in India and the same is subsisted at the time of NIT; or ii. has made misleading or false representation in the forms, statements and attachments submitted; or iii. the applicant does not respond promptly and thoroughly to requests for supplementary information requested by AAI for the evaluation of the Proposal; or iv. One or more of the eligibility criterion criterions have not been met by the Applicant; or v. The Applicant has made a material mis representationmisrepresentation; or vi. The Applicant has engaged in a corrupt, fraudulent, coercive, undesirable or restrictive practice; vii. The applicant or its affiliates or a person or entity having legal relationship with applicant committed any fraud or forgery by way of submission of any kind of documents/ bank guarantee/ Security Deposit etc etc. (during the tender process and thereafter) with this or any other tender/ contract with Airports Authority of India or any PSU or Government Departments during the last 5 years; b) Then the XXXX or the draft Agreement, as the case may be, shall, notwithstanding anything to the contrary contained therein or in this NIT Document, be liable to be terminated by a communication in writing by AAI to the agency without AAI being liable in any manner whatsoever to the agency. In such an event, AAI shall forfeit and appropriate the EMD and Performance Security and debar the agency from AAI tenders for any period not succeeding subject to minimum of three years, as the case may be without prejudice to any other right or remedy that may be available to AAI in this regard. c) If such an event occurs after the issuance of XXXX and during the contract period, then AAI reserves the right to take any such measure as may be deemed fit in the sole discretion of AAI, including annulment of the contract and forfeiture of the Performance Security amount. d) Proposals shall be deemed to be under consideration immediately after they are opened until such time that AAI makes an official intimation of award/rejection to the Applicants. While the Proposals are under consideration, Applicants and/or their representatives or other interested parties are advised to refrain from contacting, by any means, AAI and/or their employees/representatives on matters relating to the Proposals under consideration.

Fraud & Corrupt Practices and Penalty. a) Even if the bidder satisfies every criterion as per the guidelines set forth above, but at any stage during the tender process, or after the issuance of XXXX to the successful bidder, or after the execution of concession agreement or during the subsistence thereof, AAI at its discretion can disqualify the bidder or terminate the concession (as the case maybemay be), if the bidder/licensee: i. has been debarred by any state or central government or government agency in India and the same is subsisted at the time of NIT; or ii. has made misleading or false representation in the forms, statements and attachments submitted; or iii. the applicant does not respond promptly and thoroughly to requests for supplementary information requested by AAI for the evaluation of the Proposal; or iv. One or more of the eligibility criterion have not been met by the Applicant; or v. The Applicant has made a material mis representationmisrepresentation; or vi. The Applicant has engaged in a corrupt, fraudulent, coercive, undesirable or restrictive practice;; or vii. The applicant or its associates/affiliates or a person or entity having legal relationship with applicant committed any fraud or forgery by way of submission of any kind of documents/ bank guarantee/ Security Deposit etc (during the tender process and thereafter) with this or any other tender/ contract with Airports Authority of India or any PSU or Government Departments during the last 5 years; b) Then the XXXX or the draft Agreement, as the case may be, shall, notwithstanding anything to the contrary contained therein or in this NIT Document, be liable to be terminated by a communication in writing by AAI to the agency without AAI being liable in any manner whatsoever to the agency. In such an event, AAI shall forfeit and appropriate the EMD and Performance Security and debar the agency from AAI tenders for any period not succeeding subject to minimum of three years, as the case may be without prejudice to any other right or remedy that may be available to AAI in this regard. c) If such an event occurs after the issuance of XXXX and during the contract period, then AAI reserves the right to take any such measure as may be deemed fit in the sole discretion of AAI, including annulment of the contract and forfeiture of the Performance Security amountSecurityamount. d) Proposals shall be deemed to be under consideration immediately after they are opened until such time that AAI makes an official intimation of award/rejection to the Applicants. While the Proposals proposals are under consideration, Applicants and/or their representatives or other interested parties are advised to refrain from contacting, by any means, AAI and/or their employees/representatives on matters relating to the Proposals under consideration.

Fraud & Corrupt Practices and Penalty. a) Even if the bidder satisfies every criterion as per the guidelines set forth above, but at any stage during the tender process, or after the issuance of XXXX to the successful bidder, or after the execution of concession agreement or during the subsistence thereof, AAI at its discretion can disqualify the bidder or terminate the concession (as the case maybemay be), if the bidder/licensee: i. has been debarred by any state or central government or government agency in India and the same is subsisted at the time of NIT; or ii. has made misleading or false representation in the forms, statements and attachments submitted; or iii. the applicant does not respond promptly and thoroughly to requests for supplementary information requested by AAI for the evaluation of the Proposal; or iv. One or more of the eligibility criterion have not been met by the Applicant; or v. The Applicant has made a material mis representationmisrepresentation; or vi. The Applicant has engaged in a corrupt, fraudulent, coercive, undesirable or restrictive practice;; or vii. The applicant or its associates/affiliates or a person or entity having legal relationship with applicant committed any fraud or forgery by way of submission of any kind of documents/ bank guarantee/ Security Deposit etc (during the tender process and thereafter) with this or any other tender/ contract with Airports Authority of India or any PSU or Government Departments during the last 5 years; b) Then the XXXX LOA or the draft Agreement, as the case may be, shall, notwithstanding anything to the contrary contained therein or in this NIT Document, be liable to be terminated by a communication in writing by AAI to the agency without AAI being liable in any manner whatsoever to the agency. In such an event, AAI shall forfeit and appropriate the EMD and Performance Security and debar the agency from AAI tenders for any period not succeeding subject to minimum of three years, as the case may be without prejudice to any anY other right or remedy that may be available to AAI in this regard. c) If such an event occurs after the issuance of XXXX LoA and during the contract period, then AAI reserves the right to take any such measure as may be deemed fit in the sole discretion of AAI, including annulment of the contract and forfeiture of the Performance Security amount. d) Proposals shall be deemed to be under consideration immediately after they are opened until such time that AAI makes an official intimation of award/rejection to the Applicants. While the Proposals proposals are under consideration, Applicants and/or their representatives or other interested parties are advised to refrain from contacting, by any means, AAI and/or their employees/representatives on matters relating to the Proposals under consideration.

Fraud & Corrupt Practices and Penalty. a) Even if the bidder satisfies every criterion as per the guidelines set forth above, but at any stage during the tender process, or after the issuance of XXXX to the successful bidder, or after the execution of concession agreement or during the subsistence thereof, AAI at its discretion can disqualify the bidder or terminate the concession (as the case maybe), if the bidder/licensee: i. has been debarred by any state or central government or government agency in India and the same is subsisted at the time of NIT; or ii. has made misleading or false representation in the forms, statements and attachments submitted; or iii. the applicant does not respond promptly and thoroughly to requests for supplementary information requested by AAI for the evaluation of the Proposal; or iv. One or more of the eligibility criterion have not been met by the Applicant; or v. The Applicant has made a material mis representation; or vi. The Applicant has engaged in a corrupt, fraudulent, coercive, undesirable or restrictive practice; vii. The applicant or its affiliates or a person or entity having legal relationship with applicant committed any fraud or forgery by way of submission of any kind of documents/ bank guarantee/ Security Deposit etc (during the tender process and thereafter) with this or any other tender/ contract with Airports Authority of India or Indiaor any PSU or Government Departments during the last 5 years; b) Then the XXXX or the draft Agreement, as the case may be, shall, notwithstanding anything to the contrary contained therein or in this NIT Document, be liable to be terminated by a communication in writing by AAI to the agency without AAI being liable in any manner whatsoever to the agency. In such an event, AAI shall forfeit and appropriate the EMD and Performance Security and debar the agency from AAI tenders for any period not succeeding subject to minimum of three years, as the case may be without prejudice to any other right or remedy that may be available to AAI in this regard. c) If such an event occurs after the issuance of XXXX and during the contract period, then AAI reserves the right to take any such measure as may be deemed fit in the sole discretion of AAI, including annulment of the contract and forfeiture of the Performance Security amount. d) Proposals shall be deemed to be under consideration immediately after they are opened until such time that AAI makes an official intimation of award/rejection to the Applicants. While the Proposals are under consideration, Applicants and/or their representatives or other interested parties are advised to refrain from contacting, by any means, AAI and/or their employees/representatives on matters relating to the Proposals under consideration.