Common use of Verification and Disqualification Clause in Contracts

Verification and Disqualification. 2.6.1 The Authority reserves the right to verify all statements, information, and documents submitted by the Bidder in response to the RFP and the Bidder shall, when so required by the Authority, make available all such information, evidence, and documents as may be necessary for such verification. Any such verification, or lack of such verification, by the Authority, shall not relieve the Bidder of its obligations or liabilities hereunder nor will it affect any rights of the Authority thereunder. 2.6.2 The Authority reserves the right to reject any BID and appropriate the BID Security if: (a) at any time, a material misrepresentation is made or uncovered, or (b) the Bidder does not provide, within the time specified by the Authority, the supplemental information sought by the Authority for evaluation of the BID. Such misrepresentation/ improper response shall lead to the disqualification of the Bidder. If the Bidder is a Joint Venture, then the entire Joint Venture and each Member of the Joint Venture may be disqualified/ rejected. If such disqualification/rejection occurs after the BIDs have been opened and the lowest Bidder gets disqualified/rejected, then the Authority reserves the right to annul the Bidding Process and invite fresh bids. 2.6.3 In case it is found during the evaluation or at any time before signing of the Agreement or after its execution and during the period of defect liability subsistence thereof, that one or more of the eligibility and /or qualification requirements have not been met by the Bidder, or the Bidder has made material misrepresentation or has given any materially incorrect or false information, the Bidder shall be disqualified forthwith if not yet appointed as the contractor either by issue of the LOA or entering into of the Agreement, and if the Selected Bidder has already been issued the LOA or has entered into the Agreement, as the case may be, the same shall, notwithstanding anything to the contrary contained therein or in this RFP, be liable to be terminated, by a communication in writing by the Authority to the Selected Bidder or the Contractor, as the case may be, without the Authority being liable in any manner whatsoever to the Selected Bidder or the Contractor. In such an event, the Authority shall be entitled to forfeit and appropriate the BID Security or Performance Security, as the case may be, as Damages, without prejudice to any other right or remedy that may be available to the Authority under the Bidding Documents and/or the Agreement, or otherwise. 2.6.4 A Bidder shall be liable for disqualification and forfeiture of BID Security, if any legal, financial, or technical adviser of the Authority in relation to the Project is engaged by the Bidder, its Member, or any Associate thereof, as the case may be, in any manner for matters related to or incidental to such Project during the Bidding Process or subsequent to the (i) issue of the LOA or (ii) execution of the Agreement. In the event any such adviser is engaged by the selected Bidder or Contractor, as the case maybe, after issue of the LOA or execution of the Agreement for matters related or incidental to the project, then notwithstanding anything to the contrary contained herein or in the LOA or the Agreement and without Prejudice to any other right or remedy or the Authority, including the forfeiture and appropriation of the BID Security or Performance Security, as the case may be, which the Authority may have thereunder or otherwise, the LOA or the Agreement, as the case may be, shall be liable to be terminated without the Authority being liable in any manner whatsoever to the Selected Bidder or Contractor for the same. For the avoidance or doubt, this disqualification shall not apply where such adviser was engaged by the Bidder, its Member, or Associate in the past but its assignment expired or was terminated 6 (six)months prior to the date of issue of this RFP. Nor will this disqualification apply where such an adviser is engaged after a period of 3 (three) years from the date of commercial operation of the Project.

Verification and Disqualification. 2.6.1 The Authority 3.6.1 TNRDC reserves the right to verify all statements, information, information and documents submitted by the Bidder in response to the RFP RFQ‐cum‐RFP or the Bid Documents and the Bidder shall, when so required by the AuthorityTNRDC, make available all such information, evidence, evidence and documents as may be necessary for such verification. Any such verification, verification or lack of such verification, by the Authority, TNRDC shall not relieve the Bidder of its obligations or liabilities hereunder nor will it affect any rights of the Authority TNRDC thereunder. 2.6.2 The Authority 3.6.2 TNRDC reserves the right to reject any BID and Proposal and/or appropriate the BID Bid Security if: (a) at any time, a material misrepresentation is made or uncovered, or (b) the Bidder does not provide, within the time specified by the AuthorityTNRDC, the supplemental information sought by the Authority TNRDC for evaluation of the BID. Proposals. 3.6.3 Such misrepresentation/ improper response shall lead to the disqualification of the Bidder. If the Bidder is a Joint VentureConsortium, then the entire Joint Venture Consortium and each Member of the Joint Venture may be disqualified/ rejecteddisqualified. If such disqualification/rejection disqualification occurs after the BIDs Proposals have been opened and the lowest Highest Bidder gets disqualified/rejected, then the Authority TNRDC reserves the right to invite the Second Highest Bidder to match the Highest Bidder in accordance with Clause 5.7.3 or annul the Bidding Process and invite fresh bidsProcess. 2.6.3 3.6.4 In case it is found during the evaluation or at any time before signing of the Concession Agreement or after its execution and during the period of defect liability subsistence thereof, including the Development Rights thereby granted by TNRDC, that one or more of the eligibility and /or qualification requirements pre‐qualification conditions have not been met by the Bidder, Bidder or the Bidder has made material misrepresentation or has given any materially incorrect or false information, the Bidder shall be disqualified forthwith if not yet appointed as the contractor Concessionaire either by issue of the LOA LOI or entering into of the Concession Agreement, and if the Selected Bidder has already been issued the LOA LOI or has entered into the Concession Agreement, as the case may be, the same shall, notwithstanding anything to the contrary contained therein or in this RFPRFQ‐cum‐RFP, be liable to be terminated, by a communication in writing by the Authority TNRDC to the Selected Bidder or the ContractorConcessionaire, as the case may be, without the Authority TNRDC being liable in any manner whatsoever to the Selected Bidder or the ContractorConcessionaire . In such an event, the Authority TNRDC shall be entitled to forfeit forfeit, invoke and appropriate the BID Bid Security or Performance Security, as the case may be, as Damages, without prejudice to any other right or remedy that may be available to the Authority TNRDC under the Bidding Bid Documents and/or and/ or the Concession Agreement, or otherwise. 2.6.4 A Bidder shall be liable for disqualification and forfeiture of BID Security, if any legal, financial, or technical adviser of the Authority in relation to the Project is engaged by the Bidder, its Member, or any Associate thereof, as the case may be, in any manner for matters related to or incidental to such Project during the Bidding Process or subsequent to the (i) issue of the LOA or (ii) execution of the Agreement. In the event any such adviser is engaged by the selected Bidder or Contractor, as the case maybe, after issue of the LOA or execution of the Agreement for matters related or incidental to the project, then notwithstanding anything to the contrary contained herein or in the LOA or the Agreement and without Prejudice to any other right or remedy or the Authority, including the forfeiture and appropriation of the BID Security or Performance Security, as the case may be, which the Authority may have thereunder or otherwise, the LOA or the Agreement, as the case may be, shall be liable to be terminated without the Authority being liable in any manner whatsoever to the Selected Bidder or Contractor for the same. For the avoidance or doubt, this disqualification shall not apply where such adviser was engaged by the Bidder, its Member, or Associate in the past but its assignment expired or was terminated 6 (six)months prior to the date of issue of this RFP. Nor will this disqualification apply where such an adviser is engaged after a period of 3 (three) years from the date of commercial operation of the Project.

Verification and Disqualification. 2.6.1 The Authority (i) GMDC reserves the right to verify all statements, information, information and documents submitted by the Bidder in response to the RFP and the Bidder shall, when so required by the AuthorityGMDC, make available all such information, evidence, evidence and documents as may be necessary for such verification. Any such verification, verification or lack of such verification, by the Authority, GMDC shall not relieve the Bidder of its obligations or liabilities hereunder nor will it affect any rights of the Authority thereunderGMDC there under. 2.6.2 The Authority (ii) GMDC reserves the right to reject any BID and Bid and/or appropriate the BID Security EMD if: (a) : • at any time, a material misrepresentation in terms of misleading or false representation is made or uncovered, or (b) or • Bidder is blacklisted/barred by any Government Agency. • In case of fraudulent Bid and the Bidder does not providefound to be involved in fraudulent and corrupt practice as per RFP Clause 8. • In case the Bidder has Conflict of Interest as per clause 9. • a Bidder makes an effort to influence Authority in its decisions on Evaluation process/Selection process. • while evaluating the Bid, within if it comes to Authority’s knowledge expressly or implied, that some Bidders may have compounded in any manner whatsoever or otherwise joined to form an alliance resulting in distorting competitive price discovery or delaying the time specified by processing of proposal. • Record of poor performance such as abandoning the Authoritywork, rescinding of contract for which the supplemental information sought by reasons are attributable to the Authority for evaluation non-performance of the BIDBidder, consistent history of litigation awarded against the applicant or financial failure due to bankruptcy. • A bidder who submits or participates in more than one Bid under this RFP. Such misrepresentation/ improper response response/blacklisting/record of poor performance shall lead to the disqualification of the Bidder. If the Bidder is a Joint Venture, then the entire Joint Venture and each Member of the Joint Venture may be disqualified/ rejected. If such disqualification/disqualification / rejection occurs occur after the BIDs Bids have been opened and the lowest Preferred Bidder gets disqualified/disqualified / rejected, then the Authority GMDC reserves the right to: a) invite the remaining Bidders to annul submit their Bids or b) take any such measure as may be deemed fit in the sole discretion of GMDC, including annulment of the Bidding Process and invite fresh bidsProcess. 2.6.3 (iii) In case it is found during the evaluation of Bids or at any time before signing of the Agreement Contract or after its execution and during the period of defect liability subsistence thereof, that one or more of the eligibility and /or qualification requirements prequalification criteria/ Technical Score Criteria /conditions have not been met by the Bidder, or the Bidder has made material misrepresentation or has given any materially incorrect or false information, the Bidder shall be disqualified forthwith if not yet appointed as the contractor Consultant either by issue of the LOA or entering into of the AgreementContract, and if the Selected Successful Bidder has already been issued the LOA or has entered into the AgreementContract, as the case may be, the same shall, notwithstanding anything to the contrary contained therein or in this RFP, be liable to be terminated, by a communication in writing by the Authority GMDC to the Selected Successful Bidder or the ContractorConsultant , as the case may be, without the Authority GMDC being liable in any manner whatsoever to the Selected Successful Bidder or the ContractorConsultant. In such an event, the Authority GMDC shall be entitled to forfeit and appropriate the BID Security EMD or Performance Security, as the case may be, as Damages, without prejudice to any other right or remedy that may be available to the Authority GMDC under the Bidding Documents RFP and/or the Agreement, or otherwiseContract. 2.6.4 A Bidder shall be liable for disqualification and forfeiture of BID Security, if any legal, financial, or technical adviser of the Authority in relation to the Project is engaged by the Bidder, its Member, or any Associate thereof, as the case may be, in any manner for matters related to or incidental to such Project during the Bidding Process or subsequent to the (i) issue of the LOA or (ii) execution of the Agreement. In the event any such adviser is engaged by the selected Bidder or Contractor, as the case maybe, after issue of the LOA or execution of the Agreement for matters related or incidental to the project, then notwithstanding anything to the contrary contained herein or in the LOA or the Agreement and without Prejudice to any other right or remedy or the Authority, including the forfeiture and appropriation of the BID Security or Performance Security, as the case may be, which the Authority may have thereunder or otherwise, the LOA or the Agreement, as the case may be, shall be liable to be terminated without the Authority being liable in any manner whatsoever to the Selected Bidder or Contractor for the same. For the avoidance or doubt, this disqualification shall not apply where such adviser was engaged by the Bidder, its Member, or Associate in the past but its assignment expired or was terminated 6 (six)months prior to the date of issue of this RFP. Nor will this disqualification apply where such an adviser is engaged after a period of 3 (three) years from the date of commercial operation of the Project.