The Public Procurement Rules 2008 - LGED

(2) A firm, proposed as a Subconsultant in any Proposal, may participate in more than
one Proposal, but only in the capacity of a Subconsultant.
(3) Qualifications of Subcontractors that have been specifically mentioned in the
Tender may be considered only for works assigned for that Subcontractor in the evaluation of
Qualification of a Tenderer.
(4) The general experience and financial resources of Subcontractors shall not be added
to those of the Tenderer.
(5) An Applicant submitting a Proposal individually, or as JVCA partner, shall not be
accepted as a Subconsultant to any other Applicant in the same Procurement process.
(6) In the event that a Subcontractor or a Subconsultant is appointed, the prime Supplier,
Contractor or Consultant shall still retain full responsibility for the contract and cannot pass any
contractual obligations to the Subcontractor or a Subconsultant and under no circumstances shall
assignment of the Contract to the Subcontractor or Subconsultant be allowed.
(7) The prime Supplier or Contractor or Consultant shall remain responsible for
administering its Subcontractors or Subconsultants and the Procuring Entity’s review of
subcontracts shall normally be confined to evaluating the prime Supplier’s, Contractor’s or
Consultant’s management of the sub-contracts.
PART- 10
JOINT VENTURES
54. Joint Ventures. |— (1) The Procuring Entity may allow Persons to participate in
Procurement proceedings individually or by forming JVCA for contracts involving the Procurement
of Works, Physical Services and intellectual and professional Services:
provided that only the Letter of Intents for formation of a JVCA shall not be enough to
prove the existence of a JVCA .
(2) The JVCA agreement shall be executed on a non-judicial stamp of value or
equivalent as specified in Schedule II and signed by all legally authorized representatives of the
Persons who are parties to such agreement.
(3) As an alternative to Sub–Rule (2), a Letter of Intent to execute a Joint Venture
Agreement, in the event of a successful Tender or Proposal, shall be signed by all partners and
submitted with the Tender or Proposal together with a copy of the proposed agreement:
provided that the Letter of Intent signed by all partners of the JVCA is authenticated by a
Notary Public.
(4) Each partner of the Joint Venture, Consortium or Association shall be jointly and
severally liable for all liabilities and ethical or legal obligations under the contract.
(5) During the Procurement process and, in the event the JVCA is awarded the
Contract, during contract execution the JVCA formed under Sub-Rule (2) and (3) shall nominate
a representative who shall have the authority to conduct all business including the receipt of
payments for and on behalf of all the partners of the JVCA. .
(6) Minimum qualification requirements, for the leading partner of the JVCA and the other
partner(s) , may be specified in the Pre-qualification Document, Tender Document or the Request
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