Common use of Conditions for Participation Clause in Contracts

Conditions for Participation. 1. In assessing whether a supplier satisfies the conditions for participation, a Party, including its procuring entities: (a) shall limit such conditions to those that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake the relevant procurement and evaluate those capacities and abilities on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; (b) shall base its determination solely on the conditions that the procuring entity has specified in advance in notices or tender documentation; (c) may 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 the given Party; (d) may require relevant prior experience where essential to meet the requirements of the procurement; and (e) allow all domestic suppliers and suppliers of another Party that satisfy the conditions for participation to be recognised as qualified suppliers and to participate in the procurement. 2. Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) 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 upon the commercial integrity of the supplier; or (f) failure to pay taxes.

Conditions for Participation. 1. In assessing whether a supplier satisfies the conditions for participation, a Party, including its procuring entities: (a) shall limit such conditions to those that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake the relevant procurement and evaluate those capacities and abilities on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; (b) shall base its determination solely on the conditions that the procuring entity has specified in advance in notices or tender documentation; (c) may 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 the given Party; (d) may require relevant prior experience where essential to meet the requirements of the procurement; and (e) allow all domestic suppliers and suppliers of another Party that satisfy the conditions for participation to be recognised as qualified suppliers and to participate in the procurement. 2. Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) 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 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, commercial, technical, and financial abilities to undertake the relevant procurement. 2. In assessing whether a supplier satisfies the conditions for participation, a Party, including its procuring entitiesentity: (a) shall limit such conditions to those that are essential to ensure that a supplier has evaluate the legal and financial capacities and the financial, commercial and technical abilities to undertake the relevant procurement and evaluate those capacities and 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; (b) shall base its determination evaluation solely on the conditions that the a procuring entity has specified in advance in notices or tender documentation; (c) may 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 that Party or that the given supplier has prior work experience in the territory of that Party;; and (d) may require relevant prior experience where essential to meet the requirements of the procurement; and (e) allow all domestic suppliers and suppliers of another Party that satisfy the conditions for participation to be recognised as qualified suppliers and to participate in the procurement. 23. Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) 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 upon on the commercial integrity of the supplier; or (f) failure to pay taxes.

Conditions for Participation. 1. In assessing whether a supplier satisfies the A procuring entity shall limit any conditions for participation, participation in a Party, including its procuring entities: (a) shall limit such conditions covered procurement to those conditions that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake fulfil the relevant procurement and evaluate those capacities and abilities on the basis requirements of that supplier's business activities both inside and outside procurement. 2. In establishing the territory of the Party of the conditions for participation, a procuring entity;: (ba) shall base its determination solely on the conditions that the procuring entity has specified in advance in notices or tender documentation; (c) may 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 the given a Party;; and (db) may require relevant prior experience where if essential to meet the requirements of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entity shall: (a) 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 Area of the Party of the procuring entity; and (eb) allow all domestic suppliers and suppliers of another Party that satisfy base its evaluation solely on the conditions for participation to be recognised as qualified suppliers and to participate that the procuring entity has specified in the procurementadvance in notices or tender documentation. 24. Where If there is supporting evidencematerial, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcybankruptcy 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 to serious crimes or other serious offences; (e) professional misconduct or acts or omissions that adversely reflect upon on the commercial integrity of the supplier; or (f) failure to pay taxes.

Conditions for Participation. 1. Procuring entities shall limit the conditions for participation in a given procurement to those that are essential to ensure that a supplier has the legal, commercial, technical, and financial ability to undertake the relevant procurement. 2. In establishing the conditions for participation, procuring entities: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previ­ ously been awarded one or more contracts by a procuring entity of a Party, or that the supplier has prior experience in the territory of that Party; but (b) may require relevant prior experience where essential to meet the requirements of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a Party, including its procuring entities: (a) shall limit such conditions to those that are essential to ensure that a supplier has evaluate the legal and financial capacities capacity and the commercial and technical abilities to undertake the relevant procurement and evaluate those capacities and 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 determination solely their evaluation on the conditions that the procuring entity has they specified in advance in notices or tender documentation; (c) may 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 the given Party; (d) may require relevant prior experience where essential to meet the requirements of the procurement; and (e) allow all domestic suppliers and suppliers of another Party that satisfy the conditions for participation to be recognised as qualified suppliers and to participate in the procurement. 24. Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcy; (b) false declarations; (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract con­ tract or contracts; (d) final judgments in respect of serious crimes or other serious offences; (e) professional misconduct or acts or omissions that adversely reflect upon the commercial integrity of the supplier; or (f) failure to pay taxes.