BLACK LISTED IN CASE OF TENDER
Updated on : 2020-Dec-01 13:47:46 | Author :
WHAT IS BLACKLISTED IN CASE OF TENDER:
If three products of a company or supplier are blacklisted for supply made during a tender duration, the supplier or company shall be liable for blacklisting for a period of not less than two years. A blacklist order leads to civil consequences. Such an order must not be passed by any authority without affording a due opportunity of being heard to the person likely to be affected by such an order. No authority should act in an arbitrary manner to put a person on the blacklist and must act in a fair manner.
CAUSES OF BLACKLISTING OF YOUR FIRM:
Policy for Blacklisting of Product or Company
On submission of false or fabricated documents or concealing of facts:
The tenderer who submits false forged or invented documents or conceals facts with the intention to convince the tender or procure commercial document. EMD of such tenderer firm shall be forfeited and firm shall be liable for blacklisting for a period of not Less than 2 years. The firm shall also be liable for Legal action depending on the facts and circumstances of the case.
On account of the failure to enter into agreement or withdrawal after agreement or refusal/failure to supply:
To perform the obligations below the tender conditions, EMD of such tenderer firm shall be confiscate and firm shall be liable for blacklisting for a amount of not but a pair of years or the amount per the tender document.
The successful tenderer when going in an agreement withdraw or fail to honour commitments as per tender conditions, margin of such tenderer firm are confiscate and firm are liable for blacklisting for a period of not less than a pair of years.
On account of non-supply:
The supplier shall start to supply according to tender condition from the date of the purchase order and shall complete the supplies within 60/90 days as mentioned in Purchase Order or as stated in tender condition.
The tender inviting authority will be at liberty to accept or reject the supply made belatedly as per the terms and conditions of the tender documents. In the event of acceptance of delayed provide, the liquidated damages shall be obligatory at the rate stipulated in conditions of the tender document.
If the supplier fails to execute the purchase order and informs the tender inviting authority about its inability to execute the order and non-compliance of the purchase order due to act of vis - Majeure (superior force ), then the Managing Director of tender inviting authority will issue appropriate order on merits of the case.
If the supplier fails to execute at least 60% of the quantity of item mentioned in purchase order and such failure in supply continues for three purchase orders, then supplier firm are going to be chargeable for blacklisting for a period of not less than two years. As a result, such supplier will be ineligible to participate in any of the tenders for a particular item(s) for a period of not less than 2 years or the period specified in the tender document.
Examinations of issues by Disciplinary Committee of tender inviting authority:
Each and every case of submission of false documents, failure to execute the agreement, non-supply or quality failure, etc. shall have to be referred to the disciplinary committee of tender inviting authority to be constituted by Managing Director, tender inviting authority for examination on a case to case basis for making an appropriate technical recommendation to Managing Director for further appropriate action.
The recommendations of the disciplinary committee shall be placed before the Managing Director, a tender inviting authority who shall take appropriate action which may deem fit in the light of facts & circumstances of the case by way imposing a penalty or debarring or Blacklisting of the particular product or supplier/ company.
If the quality failure is of such nature that a particular product has been blacklisted according to the procedure stated above, the supplier shall not be eligible for participating in any of the tenders for the particular item floated by the tender inviting authority for the specified period. For such purpose period of blacklisting shall be counted from the date of issue of order and it shall be deemed to be over on completion of the period and intrinsically no contemporary orders can unremarkably be needed for the pre-eligibility purpose. Similarly, if the supplier /company is blacklisted the supplier shall not be eligible for taking part in any of the tenders for any of the things throughout the blacklisted period.
ADDITIONAL RESOURCES:
