(rfq) document for development of four laning of rewa ring road on ...

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RFQ <strong>document</strong> <strong>for</strong> <strong>development</strong> <strong>of</strong> Four Laning <strong>of</strong> Rewa Ring Road on BOT (Toll + Annuity)basis2.6 Acknowledgement by Applicant2.6.1 It shall be deemed that by submitting the Application, theApplicant has:(a) made a complete and careful examination <strong>of</strong> theRFQ;(b) received all relevant in<strong>for</strong>mation requestedfrom the Authority;(c)(d)accepted the risk <strong>of</strong> inadequacy, error or mistake inthe in<strong>for</strong>mation provided in the RFQ or furnished by or onbehalf <strong>of</strong> the Authority relating to any <strong>of</strong> the mattersreferred to in Clause 2.5 above; andagreed to be bound by the undertakings provided by itunder and in terms here<strong>of</strong>.2.6.2 The Authority shall not be liable <strong>for</strong> any omission, mistake orerror in respect <strong>of</strong> any <strong>of</strong> the above or on account <strong>of</strong> any matter orthing arising out <strong>of</strong> or concerning or relating to the RFQ or theBidding Process, including any error or mistake therein or in anyin<strong>for</strong>mation or data given by the Authority.2.7 Right to accept or reject any or all Applications/ Bids2.7.1 Notwithstanding anything contained in this RFQ, the Authorityreserves the right to accept or reject any Application and to annulthe Bidding Process and reject all Applications/ Bids, at any timewithout any liability or any obligation <strong>for</strong> such acceptance,rejection or annulment, and without assigning any reasonsthere<strong>for</strong>e. In the event that the Authority rejects or annuls all theBids, it may, in its discretion, invite all eligible Bidders to submitfresh Bids hereunder.2.7.2 The Authority reserves the right to reject any Application and/ or Bidif: (a) at any time, a material misrepresentation is made oruncovered, or(b)the Applicant does not provide, within the time specified bythe Authority, the supplemental in<strong>for</strong>mation sought by theAuthority <strong>for</strong> evaluation <strong>of</strong> the Application.________________________________________________________________________________________________________________________________NIT No. MPRDC/BOT (T+A)/PQ/2012/ 7783 Bhopal, dated 27.09.2012 - 22 -
RFQ <strong>document</strong> <strong>for</strong> <strong>development</strong> <strong>of</strong> Four Laning <strong>of</strong> Rewa Ring Road on BOT (Toll + Annuity)basisIf the Applicant/Bidder is a Consortium, then the entireConsortium may be disqualified/ rejected. If such disqualification/rejection occurs after the Bids have been opened and the HighestBidder gets disqualified/ rejected, then the Authority reserves theright to:(i)invite the remaining Bidders to match the HighestBidder/s u b m i t their Bids in accordance with the RFP;or(ii) take any such measure as may be deemed fit in the solediscretion <strong>of</strong> the Authority, including annulment <strong>of</strong> theBidding Process.2.7.3 In case it is found du<strong>ring</strong> the evaluation or at any time be<strong>for</strong>esigning <strong>of</strong> the Concession Agreement or after its execution anddu<strong>ring</strong> the period <strong>of</strong> subsistence there<strong>of</strong>, including the concessionthereby granted by the Authority, that one or more <strong>of</strong> the prequalificationconditions have not been met by the Applicant, orthe Applicant has made material misrepresentation or has givenany materially incorrect or false in<strong>for</strong>mation, the Applicant shallbe disqualified <strong>for</strong>thwith if not yet appointed as the Concessionaireeither by issue <strong>of</strong> the LOA or ente<strong>ring</strong> into <strong>of</strong> the ConcessionAgreement, and if the Applicant/SPV has already been issued theLOA or has entered into the Concession Agreement, as the casemay be, the same shall, notwithstanding anything to the contrarycontained therein or in this RFQ, be liable to be terminated, by acommunication in writing by the Authority to the Applicant,without the Authority being liable in any manner whatsoever tothe Applicant and without prejudice to any other right or remedywhich the Authority may have under this RFQ, the BiddingDocuments, the Concession Agreement or under applicable law.2.7.4 The Authority reserves the right to verify all statements,in<strong>for</strong>mation and <strong>document</strong>s submitted by the Applicant inresponse to the RFQ. Any such verification or lack <strong>of</strong> suchverification by the Authority shall not relieve the Applicant <strong>of</strong>its obligations or liabilities hereunder nor will it affect any rights<strong>of</strong> the Authority thereunder.________________________________________________________________________________________________________________________________NIT No. MPRDC/BOT (T+A)/PQ/2012/ 7783 Bhopal, dated 27.09.2012 - 23 -
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