46  Conflict of Interest

46.1  Applicants, Shortlisted Bidders or Bidders (as applicable) shall not have a conflict of interest. An Applicant, Shortlisted Bidder or Bidder bidding individually or as a Consortium Member shall not be entitled to submit another Application, Proposal or Bid (as applicable) either individually or as a Consortium Member of any other Consortium and shall not be entitled to participate in any other Consortium bidding for the PPP Project prior to issuance of the LoA. Furthermore, an Applicant, Shortlisted Bidder or Bidder can submit only one Application, Proposal or Bid in response to the RFQ, RFP or IFB, as the case may be. In the event that an entity applying individually or as a Consortium Member participates in more than one Application, Proposal or Bid, all the Applications, Proposals or Bids with that entity's participation shall be deemed invalid.

46.2  Any Applicant, Shortlisted Bidder or Bidder found to have a conflict of interest, as described in the bid documents shall be disqualified, subject to the Guidelines herein below or provisions on change of Consortium in the bid documents.

46.3  In case of an Applicant which is a Consortium, if during the evaluation of the Applications submitted in response to the RFQ, any conflict of interest is discovered, then the concerned Applicant may be allowed an opportunity to remove the Consortium Member with the conflict of interest. The Applicant shall have to ensure that the Consortium Member is duly removed within 10 (ten) Days after the Due Date.

46.4  However, removal shall not be permitted in cases where the Consortium Member with the conflict of interest is a Lead Member of the Consortium.