Conditions for Participation. 1. Where a Party requires suppliers to satisfy registration, qualification, or any other requirements or conditions for participation in order to participate in a procurement, the procuring entity shall publish a notice inviting suppliers to apply for participation. The procuring entity shall publish the notice sufficiently in advance to provide interested suppliers with sufficient time to prepare and submit applications and for the procuring entity to evaluate and make its determination based on such applications. 2. In establishing the conditions for participation, a procuring entity shall: (a) limit such conditions to those that are essential to ensure that a supplier has the legal, financial, commercial, and technical abilities to fulfill the requirements and technical specifications of the procurement on the basis of that supplier's business activities outside the territory of the Party of the procuring entity, as well as its business activities, if any, inside the territory of the Party of the procuring entity; and (b) base its determination solely on the conditions that the procuring entity has specified in advance in notices or tender documentation; 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement or be awarded a contract, the supplier has previously been awarded one or more contracts by a procuring entity of the Party; (b) may require relevant prior experience where essential to meet the requirements of the procurement; and (c) shall allow all domestic suppliers and suppliers of the other Party that satisfy the conditions for participation to be recognized as qualified and to participate in the procurement.
Appears in 25 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
