Conflict of Interest

(1) It shall be the responsibility of Tender Inviting Authority and Tender Accepting Authority to ensure that the prospective tenderers do not have a conflict of interest that affects the Tender Proceedings. (2) An Applicant or prospective tenderer shall be deemed to have a Conflict of Interest, if,- (a) any other prospective tenderer or a member of consortium or any associate or constituent thereof have common controlling shareholders or other ownership interest; or (b) a constituent of such prospective tenderer is also a constituent of another prospective tenderer. Provided that ‘constituent’ in such cases will not include the provider of a proprietary technology to more than one applicant; or (c) such prospective tenderer, or any associate thereof receives or has received any direct or indirect subsidy, grant, concessional loan or subordinated debt from any other Applicant or Respondent, or any associate thereof has provided any such subsidy, grant, concessional loan or subordinated debt to any other Applicant or Respondent, its member or any associate thereof; or (d) such prospective tenderer has the same legal representative for purposes of the Tender Proceedings as any other prospective tenderer; or-