Common use of Conditions for Participation Clause in Contracts

Conditions for Participation. 1. In establishing the conditions for participation and assessing whether a supplier satisfies such conditions, a Party, including its procuring 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 capacities and the commercial and technical abilities to undertake the relevant procurement; (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 that the procuring entity has specified in advance in notices or tender documentation; (d) 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; and (e) may require relevant prior experience where essential to meet the requirements of 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 establishing the conditions for participation and assessing whether a supplier satisfies such conditions, a Party, including its procuring 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 capacities and the commercial and technical abilities to undertake the relevant procurement; (b) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's supplierâs business activities both inside and outside the territory of the Party of the procuring entity; (c) shall base its evaluation solely on the conditions that the procuring entity has specified in advance in notices or tender documentation; (d) 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; and (e) may require relevant prior experience where essential to meet the requirements of 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 establishing the conditions for participation and assessing whether a supplier satisfies such conditions, a Party, including its procuring 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 capacities and the commercial and technical abilities to undertake the relevant procurement; (b) 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; (c) shall base its evaluation solely on the conditions that the procuring entity has specified in advance in notices or tender documentation; (d) 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; and (e) may require relevant prior experience where essential to meet the requirements of 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.