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Pending Litigation of Bidder in international competitive bidding
25-Aug-2023 (In Civil Law)
In an International Competitive Bidding, we have asked the bidder to list pending litigation and demonstrate that the amount in dispute is not more than 50% of their net worth. The Bidder did not submit the data and demonstration, instead gave an undertaking that it meets the criteria and the total amount in dispute is not more than 50% of their net worth. Could it be accepted ?? or it can strait away be disqualified ??
I would have to review the documents in this case. In all likelihood this undertaking, under the letter head of the company and signed by the authorised signatory should be sufficient to the extent of the quantum of dispute only. we would need to know the nature of dispute and where is it pending.
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Adv. Aditya Vashisth
Delhi | 25+ Answers
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This can be accepted with a few riders. The bidder can not be disqualified for the only reason of not providing the data and demonstrations. A separate enforceable contract may also be entered into by you affixing the liability of the bidder contingent to the credibility of the undertaking submitted by the bidder. You may contact me if you need any further legal advice.
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Adv. Pulkit Agarwal
Delhi | 25+ Answers
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The bidder cannot be forced to divulge information about pe ding litigation. If he has given an undertaking, it's best it be taken at the face of it in order to avoid an aggrieved bidder going to court against his disqualification, in the event that he is disqualified by you.
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Adv. Rajat Agnihotri
Delhi | 25+ Answers
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