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

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APPENDIX VGuidelines of the Department of Disinvestment(Refer Clause1.2.1)No. 6/4/2001-DD-IIGovernment of India Department of DisinvestmentOFFICE MEMORANDUMBlock 14, CGO ComplexNew Delhi.Dated 13 th July, 2001.Sub: Guidelines for qualification of Bidders seeking to acquire stakes inPublic Sector Enterprises through the process of disinvestmentGovernment has examined the issue of framing comprehensive and transparentguidelines defining the criteria for bidders interested in PSE-disinvestment so that theparties selected through competitive bidding could inspire public confidence. Earlier,criteria like net worth, experience etc. used to be prescribed. Based on experience andin consultation with concerned departments, Government has decided to prescribe thefollowing additional criteria for the qualification/ disqualification of the partiesseeking to acquire stakes in public sector enterprises through disinvestment:(a)(b)In regard to matters other than the security and integrity of the country,any conviction by a Court of Law or indictment/ adverse order by aregulatory authority that casts a doubt on the ability of the bidder tomanage the public sector unit when it is disinvested, or which relates to agrave offence would constitute disqualification. Grave offence is definedto be of such a nature that it outrages the moral sense of the community.The decision in regard to the nature of the offence would be taken on caseto case basis after considering the facts of the case and relevant legalprinciples, by the Government of India.In regard to matters relating to the security and integrity of the country,any charge-sheet by an agency of the Government/ conviction by a Courtof Law for an offence committed by the bidding party or by any sisterconcern of the bidding party would result in disqualification. The decisionin regard to the relationship between the sister concerns would be taken,based on the relevant facts and after examining whether the two concernsare substantially controlled by the same person/ persons.(c) In both (a) and (b), disqualification shall continue for a period thatGovernment deems appropriate.(d)Any entity, which is disqualified from participating in the disinvestmentprocess, would not be allowed to remain associated with it or get
Appendix VPage 2(e)(f)(g)associated merely because it has preferred an appeal against the orderbased on which it has been disqualified. The mere pendency of appeal willhave no effect on the disqualification.The disqualification criteria would come into effect immediately andwould apply to all bidders for various disinvestment transactions, whichhave not been completed as yet.Before disqualifying a concern, a Show Cause Notice why it should not bedisqualified would be issued to it and it would be given an opportunity toexplain its position.Henceforth, these criteria will be prescribed in the advertisements seekingExpression of Interest (EOI) from the interested parties. The interestedparties would be required to provide the information on the above criteria,along with their Expressions of Interest (EOI). The bidders shall berequired to provide with their EOI an undertaking to the effect that noinvestigation by a regulatory authority is pending against them. In case anyinvestigation is pending against the concern or its sister concern or againstits CEO or any of its Directors/ Managers/ employees, full details of suchinvestigation including the name of the investigating agency, the charge/offence for which the investigation has been launched, name anddesignation of persons against whom the investigation has been launchedand other relevant information should be disclosed, to the satisfaction ofthe Government. For other criteria also, a similar undertaking shall beobtained along with EOI.sd/-(A.K. Tewari)Under Secretary to the Government of India
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Request for pre-qualification of Th
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Request for pre-qualification of Th
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M.P.ROAD DEVELOPMENT CORPORATION LT
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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 and 30: 3.3 Details of Experience3.3.1 The
Page 31 and 32: (c)(d)(e)“coercive practice” me
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: Appendix IVPage 7Notes:1. The mode
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