• Contractual Credentials of a Private Limited Company

If a director / shareholder of a private limited company is leaving the company (nature of business - contracting), then based on his extensive experience of 16 years as a director or based on his 44% shareholding; how can he or his new company can participate and qualify in the tender, under which rules / norms?
Asked 9 months ago in Business Law

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4 Answers

if a bidder, now bidding individually, has earlier undertaken similar contracts as director  of a company  and it can be proven with tangible documentary evidence that such contracts were executed by him relying on his own experience, skills, resources, etc. and not the resources of the company as a collective, then in such cases, the bidder may claim the benefit of such erstwhile experience.

 

2)you must have  documentary evidence in place to prove your  role, duties and contribution in executing the works undertaken by the company . This would assist in establishing your  credentials, capability, skill and experience, in an individual capacity, if you  individually bid for a tender.

Ajay Sethi
Advocate, Mumbai
96940 Answers
7822 Consultations

The eligibility for government tenders in India depends on the tender projects published. It will also depend on the department issuing the tender requirement. Your eligibility for government tenders will be determined based on financial and technical details along with specific requirements depending on the contract

A contractor selection criteria checklist should include factors such as experience, expertise, certifications, compliance with regulations, and the ability to manage risks. The selection process should be rigorous and include pre-qualification assessments, background checks, and interviews.

These are the main technical tender eligibility criteria that will be scrutinized by the officer:

  • Company credentials.
  • Production capacity.
  • Annual turnover.
  • Past performance.
  • Machinery and equipment details.
  • Workforce employed.
  • Quality control.
  • After-sale service.

You may please note that :

A tender is usually an invitation to submit quotes and is legally not binding. The contract is a legal document. Tenders occur in the pre-contractual stage and help the vendor selection

T Kalaiselvan
Advocate, Vellore
87142 Answers
2339 Consultations

Dear Client,

The Companies (Registration Offices and Fees) Rules, 2014 stipulate that a director who resigns from their position must provide a copy of their resignation, along with a reason sheet (Form DIR-11) and the required fee, to the Registrar within thirty days of the date of resignation. This is stipulated in Rule 16 of the Companies Appointment and Qualification of Directors Rules, 2014. Resigned directors may be subject to restrictions on bidding for a specific period after their resignation to avoid potential conflicts of interest with the previous company and also depends upon whether the departing director's signature on any non-disclosure or non-compete clauses from their prior company may have an impact on their eligibility to bid on projects or work in a related field.

Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

They can’t qualify as thee is conflict of interest 

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

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