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Development of Rajiv Gandhi Dry Port and ... - Port of Chennai

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<strong>Chennai</strong> <strong>Port</strong> Trust<br />

2.6.1 It shall be deemed that by submitting the Application, the Applicant has:<br />

(a)<br />

(b)<br />

made a complete <strong>and</strong> careful examination <strong>of</strong> the RFQ;<br />

received all relevant information requested from the Authority;<br />

(c) accepted the risk <strong>of</strong> inadequacy, error or mistake in the information<br />

provided in the RFQ or furnished by or on behalf <strong>of</strong> the Authority<br />

relating to any <strong>of</strong> the matters referred to in Clause 2.5 above; <strong>and</strong><br />

(d) agreed to be bound by the undertakings provided by it under <strong>and</strong> in<br />

terms here<strong>of</strong>.<br />

2.6.2 The Authority shall not be liable for any omission, mistake or error in respect<br />

<strong>of</strong> any <strong>of</strong> the above or on account <strong>of</strong> any matter or thing arising out <strong>of</strong> or<br />

concerning or relating to the RFQ or the Bidding Process, including any error<br />

or mistake therein or in any information or data given by the Authority.<br />

2.7 Right to accept or reject any or all Applications/ Bids<br />

2.7.1 Notwithst<strong>and</strong>ing anything contained in this RFQ, the Authority reserves the<br />

right to accept or reject any Application <strong>and</strong> to annul the Bidding Process<br />

<strong>and</strong> reject all Applications/ Bids, at any time without any liability or any<br />

obligation for such acceptance, rejection or annulment, <strong>and</strong> without<br />

assigning any reasons therefor. In the event that the Authority rejects or<br />

annuls all the Bids, it may, in its discretion, invite all eligible Bidders to<br />

submit fresh Bids hereunder.<br />

2.7.2 The Authority reserves the right to reject any Application <strong>and</strong>/ or Bid if:<br />

(a)<br />

at any time, a material misrepresentation is made or uncovered, or<br />

(b) the Applicant does not provide, within the time specified by the<br />

Authority, the supplemental information sought by the Authority for<br />

evaluation <strong>of</strong> the Application.<br />

If the Applicant/Bidder is a Consortium, then the entire Consortium may be<br />

disqualified/ rejected. If such disqualification/ rejection occurs after the Bids<br />

have been opened <strong>and</strong> the Highest Bidder gets disqualified/ rejected, then<br />

the Authority reserves the right to:<br />

(i)<br />

invite the remaining Bidders to match the Highest Bidder/ submit their<br />

Bids in accordance with the RFP; or<br />

(ii)<br />

take any such measure as may be deemed fit in the sole discretion <strong>of</strong><br />

the Authority, including annulment <strong>of</strong> the Bidding Process.<br />

2.7.3 In case it is found during the evaluation or at any time before signing <strong>of</strong> the<br />

Concession Agreement or after its execution <strong>and</strong> during the period <strong>of</strong><br />

RFQ for <strong>Rajiv</strong> <strong>G<strong>and</strong>hi</strong> <strong>Dry</strong> <strong>Port</strong> cum Multi-modal Logistics Hub 14

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