Thandla-Limdi - Madhya Pradesh Road Development Corporation ...

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4. FRAUD AND CORRUPT PRACTICES4.1 The Applicants and their respective officers, employees, agents and advisers shallobserve the highest standard of ethics during the Bidding Process.Notwithstanding anything to the contrary contained herein, the Authority mayreject an Application without being liable in any manner whatsoever to theApplicant if it determines that the Applicant has, directly or indirectly or throughan agent, engaged in corrupt practice, fraudulent practice, coercive practice,undesirable practice or restrictive practice in the Bidding Process.4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove, ifan Applicant is found by the Authority to have directly or indirectly or through anagent, engaged or indulged in any corrupt practice, fraudulent practice, coercivepractice, undesirable practice or restrictive practice during the Bidding Process,such Applicant shall not be eligible to participate in any tender or RFQ issued bythe Authority during a period of 2 (two) years from the date such Applicant isfound by the Authority to have directly or indirectly or through an agent, engagedor indulged in any corrupt practice, fraudulent practice, coercive practice,undesirable practice or restrictive practice, as the case may be.4.3 For the purposes of this Clause 4, the following terms shall have the meaninghereinafter respectively assigned to them:(a)“corrupt practice” means (i) the offering, giving, receiving, or soliciting,directly or indirectly, of anything of value to influence the actions of anyperson connected with the Bidding Process (for avoidance of doubt,offering of employment to, or employing, or engaging in any mannerwhatsoever, directly or indirectly, any official of the Authority who is orhas been associated in any manner, directly or indirectly, with the BiddingProcess or the LOA or has dealt with matters concerning the ConcessionAgreement or arising there from, before or after the execution thereof, atany time prior to the expiry of one year from the date such official resignsor retires from or otherwise ceases to be in the service of the Authority,shall be deemed to constitute influencing the actions of a personconnected with the Bidding Process); or (ii) save and except as permittedunder sub clause (d) of Clause 2.2.1, engaging in any manner whatsoever,whether during the Bidding Process or after the issue of the LOA or afterthe execution of the Concession Agreement, as the case may be, anyperson in respect of any matter relating to the Project or the LOA or theConcession Agreement, who at any time has been or is a legal, financialor technical adviser of the Authority in relation to any matter concerningthe Project;(b)“fraudulent practice” means a misrepresentation or omission of facts orsuppression of facts or disclosure of incomplete facts, in order to influence theBidding Process ;
(c)(d)(e)“coercive practice” means impairing or harming or threatening to impairor harm, directly or indirectly, any person or property to influence anyperson‟s participation or action in the Bidding Process;“undesirable practice” means (i) establishing contact with any personconnected with or employed or engaged by the Authority with theobjective of canvassing, lobbying or in any manner influencing orattempting to influence the Bidding Process; or (ii) having a Conflictof Interest; and“restrictive practice” means forming a cartel or arriving at anyunderstanding or arrangement among Applicants with the objective ofrestricting or manipulating a full and fair competition in the BiddingProcess.
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Page 3 and 4: Request for pre-qualification of Th
Page 5 and 6: M.P.ROAD DEVELOPMENT CORPORATION LT
Page 7 and 8: visit the site and familiarise them
Page 9 and 10: 2. INSTRUCTIONS TO APPLICANTSA. GEN
Page 11 and 12: (A)Technical Capacity: For demonstr
Page 13 and 14: (c)(d)(e)(f)(g)members of the Conso
Page 15 and 16: Applicant is a Consortium) must app
Page 17 and 18: 2.5 Site visit and verification of
Page 19 and 20: AppendicesI. Letter comprising the
Page 21 and 22: and supporting documents;“ For av
Page 23 and 24: 2.17.5 Any information contained in
Page 25 and 26: jurisdictions that do not have stat
Page 27 and 28: sector entity or for providing non-
Page 29: 3.3 Details of Experience3.3.1 The
Page 33 and 34: 6. MISCELLANEOUS6.1 The Bidding Pro
Page 35 and 36: Appendix IPage 2(c)(d)I/We have not
Page 37 and 38: ANNEX-IAppendix IAnnex-IDetails of
Page 39 and 40: ANNEX-IIAppendix IAnnex-IITechnical
Page 41 and 42: ANNEX-IIIAppendixIAnnex-IIIFinancia
Page 43 and 44: ANNEX-IVAppendix IAnnex-IVDetails o
Page 45 and 46: Appendix IAnnex-IVcounting by a con
Page 47 and 48: Appendix IAnnex -IV15. In the event
Page 49 and 50: APPENDIX IIPower of Attorney for si
Page 51 and 52: APPENDIX IIIPower of Attorney for L
Page 53 and 54: APPENDIX IVJoint Bidding Agreement(
Page 55 and 56: usiness for and on behalf of the Co
Page 57 and 58: Appendix IVPage 5(c)(d)this Agreeme
Page 59 and 60: Appendix IVPage 7Notes:1. The mode
Page 61: Appendix VPage 2(e)(f)(g)associated

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