Common use of Conditions for Participation Clause in Contracts

Conditions for Participation. 1. A procuring entity shall limit any conditions for participation in a procurement to those that ensure that a supplier has the legal and financial capacity and the commercial and technical abilities to undertake the relevant procurement. 2. In establishing the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a Party; (b) may require relevant prior experience where essential to meet the requirements of the procurement; and (c) shall not require prior experience in the territory of the Party to be a condition of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entity: (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcy or insolvency; (b) false declarations; (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts; (d) final judgments in respect of serious crimes or other serious offences; (e) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or (f) failure to pay taxes.

Conditions for Participation. 1. A procuring entity shall limit any conditions for participation in a covered procurement to those conditions that ensure that a supplier has the legal and financial capacity capacities and the commercial and technical abilities to undertake fulfil the relevant requirements of that procurement. 2. In establishing the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a given Party or that the supplier has prior work experience in the territory of that Party;; and (b) may require relevant prior experience where if essential to meet the requirements of the procurement; and (c) shall not require prior experience in the territory of the Party to be a condition of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entityentity shall: (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's ’s business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation solely on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. Where If there is supporting evidencematerial, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcy or insolvency; (b) false declarations; (c) significant or persistent deficiencies in the performance of any substantive requirement or obligation under a prior contract or contracts; (d) final judgments in respect of serious crimes or other serious offences; (e) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or (fd) failure to pay taxes. 5. For greater certainty, this Article is not intended to preclude a procuring entity from promoting compliance with laws in the territory in which the good is produced or the service is performed relating to labour rights as recognised by the Parties and set forth in Article 19.3 (Labour Rights), provided that such measures are applied in a manner consistent with Chapter 26 (Transparency and Anti- Corruption), and are not applied in a manner that constitutes a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on trade between the Parties.1

Conditions for Participation. 1. A procuring entity shall limit any conditions for participation in a covered procurement to those conditions that ensure that a supplier has the legal and financial capacity capacities and the commercial and technical abilities to undertake fulfil the relevant requirements of that procurement. 2. In establishing the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a given Party or that the supplier has prior work experience in the territory of that Party;; and (b) may require relevant prior experience where if essential to meet the requirements of the procurement; and (c) shall not require prior experience in the territory of the Party to be a condition of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entityentity shall: (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's ’s business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation solely on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. Where If there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcy or insolvency; (b) false declarations; (c) significant or persistent deficiencies in the performance of any substantive requirement or obligation under a prior contract or contracts; (d) final judgments in respect of serious crimes or other serious offences; (e) professional misconduct or acts actions or omissions that adversely reflect on the commercial integrity of the supplier; or (f) failure to pay taxes. 5. For greater certainty, this Article is not intended to preclude a procuring entity from promoting compliance with laws in the territory in which the good is produced or the service is performed relating to labor rights as recognized by the Parties and set forth in Article 23.3 (Labor Rights), provided that such measures are applied in a manner consistent with Chapter 29 (Publication and Administration), and are not applied in a manner that constitutes a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on trade between the Parties.1

Conditions for Participation. 1. A procuring entity shall limit any conditions for participation in a covered procurement to those conditions that ensure that a supplier has the legal and financial capacity capacities and the commercial and technical abilities to undertake fulfil the relevant requirements of that procurement. 2. In establishing the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a given Party or that the supplier has prior work experience in the territory of that Party;; and (b) may require relevant prior experience where if essential to meet the requirements of the procurement; and (c) shall not require prior experience in the territory of the Party to be a condition of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entityentity shall: (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's ’s business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation solely on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. Where If there is supporting evidencematerial, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcy or insolvency; (b) false declarations; (c) significant or persistent deficiencies in the performance of any substantive requirement or obligation under a prior contract or contracts; (d) final judgments in respect of serious crimes or other serious offences; (e) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or (f) failure to pay taxes.

Conditions for Participation. 1. A procuring entity shall limit any conditions for participation in a covered procurement to those conditions that ensure that a supplier has the legal and financial capacity capacities and the commercial and technical abilities to undertake fulfil the relevant requirements of that procurement. 2. In establishing the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a given Party or that the supplier has prior work experience in the territory of that Party;; and (b) may require relevant prior experience where if essential to meet the requirements of the procurement; and (c) shall not require prior experience in the territory of the Party to be a condition of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entityentity shall: (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation solely on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. Where If there is supporting evidencematerial, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcy or insolvency; (b) false declarations; (c) significant or persistent deficiencies in the performance of any substantive requirement or obligation under a prior contract or contracts; (d) final judgments in respect of serious crimes or other serious offences; (e) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or (fd) failure to pay taxes. 5. For greater certainty, this Article is not intended to preclude a procuring entity from promoting compliance with laws in the territory in which the good is produced or the service is performed relating to labour rights as recognised by the Parties and set forth in Article 19.3 (Labour Rights), provided that such measures are applied in a manner consistent with Chapter 26 (Transparency and Anti-Corruption), and are not applied in a manner that constitutes a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on trade between the Parties.1

Conditions for Participation. 1. A In establishing the conditions for participation and assessing whether a supplier satisfies such conditions, a Party, including its procuring entity entities: (a) shall limit any conditions for participation in a procurement to those that are essential to ensure that a supplier has the legal and financial capacity capacities and the commercial and technical abilities to undertake the relevant procurement.; 2. In establishing (b) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier’s business activities both inside and outside the territory of the Party of the procuring entity; (c) shall base its evaluation solely on the conditions for participation, a that the procuring entity:entity has specified in advance in notices or tender documentation; (ad) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a Party;; and (be) may require relevant prior experience where essential to meet the requirements of the procurement; and (c) shall not require prior experience in the territory of the Party to be a condition of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entity: (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation on the conditions that the procuring entity has specified in advance in notices or tender documentation. 42. Where there is supporting evidence, and provided that this is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcy or insolvency; (b) false declarations; (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts; (d) final judgments in respect of serious crimes or other serious offences; (e) grave professional misconduct or acts or omissions that adversely reflect on upon the commercial integrity of the supplier; or (f) failure to pay taxes.

Conditions for Participation. 1. A procuring entity shall limit any conditions for participation in a procurement to those that are essential to ensure that a supplier has the legal and financial capacity capacities and the commercial and technical abilities to undertake the relevant procurement. 2. In establishing the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a Party; (b) may require relevant prior experience where essential to meet the requirements of the procurement; and (c) shall not require prior experience in the territory of the Party to be a condition of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entity: (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcy or insolvencybankruptcy; (b) false declarations; (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts; (d) final judgments in respect of serious crimes or other serious offencesoffences under the domestic legislation of each Party; (e) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or (f) failure to pay taxes.

Conditions for Participation. 1. A procuring entity shall limit Where a Party requires suppliers to satisfy registration, qualification, or any other requirements or conditions for participation in order to participate in a procurement procurement, the procuring entity shall publish a notice inviting suppliers to those that ensure that a supplier has apply for participation. The procuring entity shall publish the legal notice sufficiently in advance to provide interested suppliers with sufficient time to prepare and financial capacity submit applications and for the commercial procuring entity to evaluate and technical abilities to undertake the relevant procurementmake 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 procurementprocurement or be awarded a contract, the supplier has previously been awarded one or more contracts by a procuring entity of a the Party; ; (b) may require relevant prior experience where essential to meet the requirements of the procurement; and and (c) shall not require prior experience in the territory allow all domestic suppliers and suppliers of the other Party to be a condition of the procurement. 3. In assessing whether a supplier satisfies that satisfy the conditions for participation, a procuring entity: (a) shall evaluate participation to be recognized as qualified and to participate in the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation on the conditions that the procuring entity has specified in advance in notices or tender documentationprocurement. 4. Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as: : (a) bankruptcy or insolvency; bankruptcy; (b) false declarations; ; (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts; ; (d) final judgments in respect of serious crimes or other serious offences; ; (e) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or or (f) failure to pay taxes. 5. Procuring entities shall not adopt or apply any registration system or qualification procedure with the purpose or the effect of creating unnecessary obstacles to the participation of suppliers of the other Party in its procurement.

Conditions for Participation. 1. A procuring entity shall limit any conditions for participation in a procurement to those that are essential to ensure that a supplier has the legal and financial capacity capacities and the commercial and technical abilities to undertake the relevant procurement. 2. In establishing the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a Party; (b) may require relevant prior experience where if essential to meet the requirements of the procurement; and (c) shall not require prior experience in the territory of the Party to be a condition of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entity: (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. Where If there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcy or insolvencybankruptcy; (b) false declarations; (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts; (d) final judgments in respect of serious crimes or other serious offences; (e) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or (f) failure to pay taxes.

Conditions for Participation. 1. A procuring entity shall limit any conditions for participation in a covered procurement to those conditions that ensure that a supplier has the legal and financial capacity capacities and the commercial and technical abilities to undertake fulfil the relevant requirements of that procurement. 2. In establishing the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a given Party or that the supplier has prior work experience in the territory of that Party;; and (b) may require relevant prior experience where if essential to meet the requirements of the procurement; and (c) shall not require prior experience in the territory of the Party to be a condition of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entityentity shall: (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's ’s business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation solely on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. Where If authorised by a Party’s measures and there is supporting evidencematerial, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcy or insolvency; (b) false declarations; (c) significant or persistent deficiencies in the performance of any substantive requirement or obligation under a prior contract or contracts; (d) final judgments in respect of serious crimes or other serious offences; (e) professional misconduct or acts actions or omissions that adversely reflect on the commercial integrity of the supplier; or (f) failure to pay taxes.