Common use of Conditions for Participation Clause in Contracts

Conditions for Participation. 1. A Party shall limit any conditions for participation in a covered procurement to those that ensure the supplier’s capability to fulfil the requirements of the procurement. 2. In assessing whether a supplier satisfies the conditions for participation, a Party: (a) shall evaluate the capabilities 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 solely on the conditions that a 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 that Party or that the supplier has prior work experience in the territory of that Party; and (d) may require prior experience where relevant to meet the requirements of the procurement. 3. Nothing in this Article shall preclude a Party from excluding a supplier from a procurement on grounds such as: (a) bankruptcy; (b) false declarations; or (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract. 4. Where a Party requires suppliers to register or pre-qualify before being permitted to participate in a covered procurement that Party shall ensure that a notice inviting suppliers to apply for registration or pre-qualification is published sufficiently in advance of the procurement to allow for interested suppliers, including suppliers of the other Party, to initiate and, to the extent that it is compatible with the efficient operation of the procurement process, complete the registration or qualification procedures. 5. The process of, and the time required for, registering or qualifying suppliers shall not be used in order to prevent or delay the inclusion of suppliers of the other Party on a list of suppliers or prevent such suppliers from being considered for a particular procurement. 6. A Party may establish a multi-use list provided that it publishes, annually or continuously, a notice inviting interested suppliers to apply for inclusion on the list. The notice shall include: (a) a description of the goods and services, or categories thereof, for which the list may be used; (b) the requirements to be satisfied by suppliers; (c) the name and address of the procuring entity or other government agency and other information necessary to contact the procuring entity and obtain all relevant documents relating to the list; and (d) deadlines for submission of applications for inclusion on that list, where applicable. 7. A Party that maintains a multi-use list shall include on the list all suppliers that satisfy the requirements set out in the notice referred to in paragraph 6 within a reasonably short time.

Conditions for Participation. 1. A Party Where an entity requires suppliers to satisfy registration, qualification, or any other requirements or conditions for participation (“conditions for participation”) in order t o participate in a procurement, the entity shall publish a notice inviting suppliers to apply for participation. The entity shall publish the notice sufficiently in advance to provide interested suppliers sufficient time to prepare and submit applications and for the entity to evaluate and make its determinations based on such applications. 2. Each entity shall: (a) limit any conditions for participation in a covered procurement to those that are essential to ensure that the supplier’s capability potential supplier has the legal, technical, and financial capacity to fulfil fulfill the requirements and technical specifications of the procurement. 2. In assessing whether a supplier satisfies the conditions for participation, a Party: (a) shall evaluate the capabilities 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 qualification decisions solely on the conditions for participation that a procuring entity it has specified in advance in notices or tender documentation;; and (c) recognize as qualified all suppliers of the other Party that meet the requisite conditions for participation in a procurement covered by this Chapter. 3. Entities may establish publicly available lists of suppliers qualified to participate in procurements. Where an entity requires suppliers to qualify for such a list in order to participate in a procurement, and a supplier that has not yet qualified applies to be included on the list, the entity shall promptly start the qualification procedures for the supplier and shall allow the supplier to participate in the procurement, provided there is sufficient time to complete the procedures within the time period established for tendering. 4. No entity may 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 an entity of that Party or that the supplier has prior work experience in the territory of that Party; and (d) may require prior experience where relevant to meet . An entity shall judge a supplier’s financial and technical capacities on the requirements basis of its global business activities including both its activity in the territory of the procurement. 3. Nothing in this Article shall preclude a Party from excluding a supplier from a procurement on grounds such as: (a) bankruptcy; (b) false declarations; or (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract. 4. Where a Party requires suppliers to register or pre-qualify before being permitted to participate in a covered procurement that Party shall ensure that a notice inviting suppliers to apply for registration or pre-qualification is published sufficiently in advance of the procurement to allow for interested supplierssupplier, including suppliers and its activity, if any, in the territory of the other Party, to initiate and, to the extent that it is compatible with the efficient operation Party of the procurement process, complete the registration or qualification proceduresentity. 5. The process ofAn entity shall promptly communicate to any supplier that has applied for qualification its decision on whether that supplier is qualified. Where an entity rejects an application for qualification or ceases to recognize a supplier as qualified, and the time required forthat entity shall, registering or qualifying suppliers shall not be used in order to prevent or delay the inclusion of suppliers on request of the other Party on supplier, promptly provide it a list of suppliers or prevent such suppliers from being considered for a particular procurement. 6. A Party may establish a multi-use list provided that it publishes, annually or continuously, a notice inviting interested suppliers to apply for inclusion on the list. The notice shall include: (a) a description written explanation of the goods and services, or categories thereof, reasons for which the list may be used; (b) the requirements to be satisfied by suppliers; (c) the name and address of the procuring entity or other government agency and other information necessary to contact the procuring entity and obtain all relevant documents relating to the list; and (d) deadlines for submission of applications for inclusion on that list, where applicableits decision. 7. A Party that maintains a multi-use list shall include on the list all suppliers that satisfy the requirements set out in the notice referred to in paragraph 6 within a reasonably short time.

Conditions for Participation. 1. A Party shall Where a procuring entity requires suppliers to satisfy conditions for participation, the entity shall, subject to the other provisions of this Chapter: (a) limit any conditions for participation in a covered procurement to those that are essential to ensure that the supplier’s capability supplier has the legal, technical, and financial abilities to fulfil fulfill the requirements and technical specifications of the procurement. 2. In assessing whether a supplier satisfies the conditions for participation, a Party:; (ab) shall evaluate the capabilities of a supplier supplier’s financial and technical abilities on the basis of that its global business activities, including both its activities in the territory of the Party of the supplier’s business activities both inside and outside , as well as its activities, if any, in the territory of the Party of the procuring entity; (b) shall base its determination solely on the conditions that a procuring entity has specified in advance in notices or tender documentation; (c) , and 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 that Party or that the supplier has prior work experience in the territory of that Party; (c) base its determination of whether a supplier has satisfied the conditions for participation solely on the conditions that it has specified in advance in notices or tender documentation; and (d) may require prior experience where relevant allow all suppliers that satisfy the conditions for participation to meet the requirements of participate in the procurement. 32. Nothing in this Article shall preclude a Party procuring entity from excluding a supplier from a procurement on grounds such as: (a) bankruptcy; (b) as bankruptcy or false declarations; or (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract. 43. Where a Party procuring entity requires suppliers to register or pre-qualify before being permitted to participate in a covered procurement that Party satisfy conditions for participation, the entity shall ensure that publish a notice inviting suppliers to apply for registration or pre-qualification is published participation. The entity shall publish the notice sufficiently in advance of to provide interested suppliers adequate time to prepare and submit responsive applications and for the procurement entity to allow for interested suppliers, including suppliers of the other Party, to initiate and, to the extent that it is compatible with the efficient operation of the procurement process, complete the registration or qualification proceduresevaluate and make its determination based on such applications. 5. The process of, and the time required for, registering or qualifying suppliers shall not be used in order to prevent or delay the inclusion of suppliers of the other Party on a list of suppliers or prevent such suppliers from being considered for a particular procurement. 64. A Party procuring entity may establish a publicly available multi-use list provided of suppliers that it publishessatisfy its conditions for participation. Where a procuring entity requires suppliers t o qualify for such a list in order to participate in a covered procurement, annually or continuously, a notice inviting interested suppliers to apply the entity shall promptly process any application for inclusion on the list. The notice entity shall include: (a) allow a description of supplier whose application for inclusion on such a list is pending to participate in a procurement, provided that the goods entity determines that the supplier satisfies the conditions for participation and services, or categories thereof, that there is sufficient time for which the list may be used; (b) the requirements to be satisfied by suppliers; (c) the name and address of the procuring entity or other government agency and other information necessary to contact complete its evaluation of the supplier within the time period established for tendering. 5. A procuring entity and obtain all relevant documents relating shall promptly communicate to any supplier that has applied for participation its decision on whether that supplier has satisfied the list; conditions for participation. Where a procuring entity rejects an application for participation or ceases to recognize a supplier as having satisfied the conditions for participation, the entity shall promptly inform the supplier and (d) deadlines , on request of the supplier, promptly provide a written explanation of the reasons for submission of applications for inclusion on that list, where applicableits decision. 7. A Party that maintains a multi-use list shall include on the list all suppliers that satisfy the requirements set out in the notice referred to in paragraph 6 within a reasonably short time.

Conditions for Participation. 1. A Party shall Where a procuring entity requires suppliers to satisfy conditions for participation, the entity shall, subject to the other provisions of this Chapter: (a) limit any conditions for participation in a covered procurement to those that are essential to ensure that the supplier’s capability supplier has the legal, technical, and financial abilities to fulfil the requirements and technical specifications of the procurement. 2. In assessing whether a supplier satisfies the conditions for participation, a Party:; (ab) shall evaluate the capabilities of a supplier supplier’s financial and technical abilities on the basis of that its global business activities, including both its activities in the territory of the Party of the supplier’s business activities both inside and outside , as well as its activities, if any, in the territory of the Party of the procuring entity; (b) shall base its determination solely on the conditions that a procuring entity has specified in advance in notices or tender documentation; (c) , and 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 that Party or that the supplier has prior work experience in the territory of that Party; (c) base its determination of whether a supplier has satisfied the conditions for participation solely on the conditions that it has specified in advance in notices or tender documentation; and (d) may require prior experience where relevant allow all suppliers that satisfy the conditions for participation to meet the requirements of participate in the procurement. 32. Nothing in this Article shall preclude a Party procuring entity from excluding a supplier from a procurement on grounds such as: (a) bankruptcy; (b) as bankruptcy or false declarations; or (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract. 43. Where a Party procuring entity requires suppliers to register or pre-qualify before being permitted to participate in a covered procurement that Party satisfy conditions for participation, the entity shall ensure that publish a notice inviting suppliers to apply for registration or pre-qualification is published participation. The entity shall publish the notice sufficiently in advance of to provide interested suppliers adequate time to prepare and submit responsive applications and for the procurement entity to allow for interested suppliers, including suppliers of the other Party, to initiate and, to the extent that it is compatible with the efficient operation of the procurement process, complete the registration or qualification proceduresevaluate and make its determination based on such applications. 5. The process of, and the time required for, registering or qualifying suppliers shall not be used in order to prevent or delay the inclusion of suppliers of the other Party on a list of suppliers or prevent such suppliers from being considered for a particular procurement. 64. A Party procuring entity may establish a publicly available multi-use list provided of suppliers that it publishes, annually or continuously, satisfy its conditions for participation. Where a notice inviting interested procuring entity requires suppliers to apply qualify for such a list in order to participate in a covered procurement, the entity shall promptly process any application for inclusion on the list. The notice entity shall include: (a) allow a description of supplier whose application for inclusion on such a list is pending to participate in a procurement, provided that the goods entity determines that the supplier satisfies the conditions for participation and services, or categories thereof, that there is sufficient time for which the list may be used; (b) the requirements to be satisfied by suppliers; (c) the name and address of the procuring entity or other government agency and other information necessary to contact complete its evaluation of the supplier within the time period established for tendering. 5. A procuring entity and obtain all relevant documents relating shall promptly communicate to any supplier that has applied for participation its decision on whether that supplier has satisfied the list; conditions for participation. Where a procuring entity rejects an application for participation or ceases to recognize a supplier as having satisfied the conditions for participation, the entity shall promptly inform the supplier and (d) deadlines , on request of the supplier, promptly provide a written explanation of the reasons for submission of applications for inclusion on that list, where applicableits decision. 7. A Party that maintains a multi-use list shall include on the list all suppliers that satisfy the requirements set out in the notice referred to in paragraph 6 within a reasonably short time.

Conditions for Participation. 1. A Where a Party shall limit requires suppliers to comply with registration, qualification or any conditions for other requirement or condition of participation in a covered procurement procurement, the procuring entity shall publish a notice inviting suppliers to those that ensure apply for such participation. The procuring entity shall publish the supplier’s capability notice sufficiently in advance to fulfil allow interested suppliers sufficient time to prepare and submit their applications and for the requirements procuring entity to evaluate and make its determinations on the basis of the procurementsuch applications. 2. In assessing whether a supplier satisfies At the time of establishing the conditions for of participation, a Partyprocuring entity: (a) shall evaluate limit these conditions to those that are essential to ensure that the capabilities supplier possesses the legal and financial capabilities, and the commercial and technical skills, to meet the requirements and technical specifications of a supplier the procurement on the basis of that the supplier’s 's business activities conducted both inside within and outside the territory of the Party of the procuring entity; (b) shall base its determination decision solely on the terms and conditions that a the procuring entity has specified in advance in notices the procurement documents or tender documentationnotices; (c) may shall not impose the make it a condition that, in order for a supplier to participate of participation in a procurement, procurement or the award of a procurement contract that the supplier has previously been awarded one or more procurement contracts by a procuring entity of that the Party or that the supplier has prior work experience in the territory of that Party; andconcerned; (d) may require prior relevant experience where relevant when it is essential to meet comply with procurement requirements; and (e) shall allow all domestic suppliers and suppliers of the requirements of other Party that have satisfied the conditions for participation to be recognized as qualified and to participate in the procurement. 3. Nothing in this Article shall preclude Where there is evidence to justify it, a Party from excluding Party, including its procuring entities, may exclude a supplier from a procurement on grounds such as: (a) bankruptcy; (b) false declarations; orstatements; (c) significant or persistent deficiencies in performance the fulfillment of any substantive requirement or obligation under a prior contractarising from one or more previous contracts; (d) final sentences for felonies or other serious offenses; (e) professional misconduct or acts or omissions that call into question the business integrity of the supplier; or (f) non-payment of taxes. 4. Where Procuring entities shall not adopt or apply a Party requires suppliers registration system or qualification procedure with the purpose or effect of creating unnecessary obstacles to register or pre-qualify before being permitted to participate in a covered procurement that Party shall ensure that a notice inviting suppliers to apply for registration or pre-qualification is published sufficiently in advance the participation of the procurement to allow for interested suppliers, including suppliers of the other Party, to initiate and, to the extent that it is compatible with the efficient operation of the procurement process, complete the registration or qualification proceduresParty in their respective procurement. 5. The process of, and the time required for, registering or qualifying registration and qualification of suppliers shall not be used in order to prevent or delay the inclusion of exclude suppliers of the other Party on a list of suppliers or prevent such suppliers from being considered for a particular procurement. 6. A Party may establish procuring entity shall promptly inform any supplier that has applied for qualification of its decision with respect to that application. When a multi-use list provided procuring entity rejects an application for qualification or ceases to recognize a supplier as one that it publishesmeets the conditions for participation, annually or continuously, a notice inviting interested suppliers to apply for inclusion on the list. The notice shall include: (a) a description of the goods and services, or categories thereof, for which the list may be used; (b) the requirements to be satisfied by suppliers; (c) the name and address of the procuring entity or other government agency shall promptly inform the supplier, and other information necessary to contact upon request, provide the procuring entity and obtain all relevant documents relating to supplier with a timely written explanation of the list; and (d) deadlines reasons for submission of applications for inclusion on that list, where applicablethe entity's decision. 7. A Party that maintains a multi-use list shall include on the list all suppliers that satisfy the requirements set out in the notice referred to in paragraph 6 within a reasonably short time.

Conditions for Participation. 1. A Party shall limit any conditions for participation in a covered procurement to those that ensure the supplier’s capability to fulfil the requirements of the procurement. 2. In assessing whether a supplier satisfies the conditions for participation, a PartyEach entity shall: (a) shall evaluate Limit the capabilities conditions for participation to those that are essential to ensure that the potential supplier has the legal, commercial, technical and financial capacity to comply with the requirements and technical requirements of a supplier public procurement, which will be evaluated on the basis of that the supplier’s 's overall business activities both inside and outside the territory activities. For greater certainty, entities may require suppliers to provide proof of the Party of the procuring entitystrict compliance with their tax obligations; (b) shall base Base its determination qualification decisions solely on the conditions for participation that a procuring entity it has specified in advance in notices or tender documentation;procurement documents; and (c) Recognize as qualified all suppliers of the Parties that have satisfied the conditions to participate in a public procurement covered by this Chapter. 2. Entities may not impose establish publicly available standing lists of suppliers qualified to participate in procurement, provided that the condition that, Party so provides in its legal system. Where an entity requires suppliers to qualify on such a list in order to participate in a procurement, and a supplier that has not yet qualified applies to be placed on the list, the Parties shall ensure that the procedure for registration on the list is initiated without delay and shall allow the supplier to participate in the procurement, provided that the registration procedures can be completed within the time limit for submission of tenders. 3. No entity may impose as a condition for a supplier to participate in a procurement, procurement that the supplier has previously been awarded one or more procurement contracts by a procuring an entity of that Party or that the supplier has prior previous work experience in the territory of that Party; and. (d) may require prior experience where relevant 4. An entity shall promptly communicate to meet any supplier that has applied to qualify its decision as to whether the requirements supplier is qualified. Where an entity rejects an application for qualification or ceases to recognize a supplier as qualified, that entity shall, upon request of the procurementsupplier, promptly provide the supplier with a written explanation of the reasons for its decision. 35. Nothing in this Article article shall preclude a Party prevent an entity from excluding a supplier that is disqualified from a procurement on grounds such as: (a) bankruptcy; (b) false declarations; or (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract. 4. Where a Party requires suppliers to register or pre-qualify before being permitted to participate in a covered procurement that Party shall ensure that a notice inviting suppliers to apply for registration or pre-qualification is published sufficiently in advance of the procurement to allow for interested suppliers, including suppliers of the other Party, to initiate and, to the extent that it is compatible contracting with the efficient operation government in accordance with the legal system of the procurement process, complete the registration or qualification procedureseach Party. 5. The process of, and the time required for, registering or qualifying suppliers shall not be used in order to prevent or delay the inclusion of suppliers of the other Party on a list of suppliers or prevent such suppliers from being considered for a particular procurement. 6. A Party may establish a multi-use list provided that it publishes, annually or continuously, a notice inviting interested suppliers to apply for inclusion on the list. The notice shall include: (a) a description of the goods and services, or categories thereof, for which the list may be used; (b) the requirements to be satisfied by suppliers; (c) the name and address of the procuring entity or other government agency and other information necessary to contact the procuring entity and obtain all relevant documents relating to the list; and (d) deadlines for submission of applications for inclusion on that list, where applicable. 7. A Party that maintains a multi-use list shall include on the list all suppliers that satisfy the requirements set out in the notice referred to in paragraph 6 within a reasonably short time.

Conditions for Participation. 1. A Party Where an entity requires suppliers to satisfy registration, qualification, or any other requirements or conditions for participation (“conditions for participation”) in order to participate in a procurement, the entity shall publish a notice inviting suppliers to apply for participation. The entity shall publish the notice sufficiently in advance to provide interested suppliers sufficient time to prepare and submit applications and for the entity to evaluate and make its determinations based on such applications. 2. Each entity shall: (a) limit any conditions for participation in a covered procurement to those that are essential to ensure that the supplier’s capability potential supplier has the legal, technical, and financial capacity to fulfil fulfill the requirements and technical specifications of the procurement. 2. In assessing whether a supplier satisfies the conditions for participation, a Party: (a) shall evaluate the capabilities 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 qualification decisions solely on the conditions for participation that a procuring entity it has specified in advance in notices or tender documentation;; and (c) recognize as qualified all suppliers of the other Party that meet the requisite conditions for participation in a procurement covered by this Chapter. 3. Entities may establish publicly available lists of suppliers qualified to participate in procurements. Where an entity requires suppliers to qualify for such a list in order to participate in a procurement, and a supplier that has not yet qualified applies to be included on the list, the entity shall promptly start the qualification procedures for the supplier and shall allow the supplier to participate in the procurement, provided there is sufficient time to complete the procedures within the time period established for tendering. 4. No entity may 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 an entity of that Party or that the supplier has prior work experience in the territory of that Party; and (d) may require prior experience where relevant to meet . An entity shall judge a supplier’s financial and technical capacities on the requirements basis of its global business activities including both its activity in the territory of the procurementParty of the supplier, and its activity, if any, in the territory of the Party of the entity. 35. An entity shall promptly communicate to any supplier that has applied for qualification its decision on whether that supplier is qualified. Where an entity rejects an application for qualification or ceases to recognize a supplier as qualified, that entity shall, on request of the supplier, promptly provide it a written explanation of the reasons for its decision. 6. Nothing in this Article shall preclude a Party an entity from excluding a supplier from a procurement on grounds such as: (a) bankruptcy; (b) as bankruptcy or false declarations; or (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract. 4. Where a Party requires suppliers to register or pre-qualify before being permitted to participate in a covered procurement that Party shall ensure that a notice inviting suppliers to apply for registration or pre-qualification is published sufficiently in advance of the procurement to allow for interested suppliers, including suppliers of the other Party, to initiate and, to the extent that it is compatible with the efficient operation of the procurement process, complete the registration or qualification procedures. 5. The process of, and the time required for, registering or qualifying suppliers shall not be used in order to prevent or delay the inclusion of suppliers of the other Party on a list of suppliers or prevent such suppliers from being considered for a particular procurement. 6. A Party may establish a multi-use list provided that it publishes, annually or continuously, a notice inviting interested suppliers to apply for inclusion on the list. The notice shall include: (a) a description of the goods and services, or categories thereof, for which the list may be used; (b) the requirements to be satisfied by suppliers; (c) the name and address of the procuring entity or other government agency and other information necessary to contact the procuring entity and obtain all relevant documents relating to the list; and (d) deadlines for submission of applications for inclusion on that list, where applicable. 7. A Party that maintains a multi-use list shall include on the list all suppliers that satisfy the requirements set out in the notice referred to in paragraph 6 within a reasonably short time.

Conditions for Participation. 1. A Party Where an entity requires suppliers to satisfy registration, qualification, or any other requirements or conditions for participation ("conditions for participation") in order to participate in a procurement, the entity shall publish a notice inviting suppliers to apply for participation. The entity shall publish the notice sufficiently in advance to provide interested suppliers sufficient time to prepare and submit applications and for the entity to evaluate and make its determinations based on such applications. 2. Each entity shall: (a) limit any conditions for participation in a covered procurement to those that are essential to ensure that the supplier’s capability potential supplier has the legal, technical, and financial capacity to fulfil fulfill the requirements and technical specifications of the procurement. 2. In assessing whether a supplier satisfies the conditions for participation, a Party: (a) shall evaluate the capabilities 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 qualification decisions solely on the conditions for participation that a procuring entity it has specified in advance in notices or tender documentation;; and (c) recognize as qualified all suppliers of the other Party that meet the requisite conditions for participation in a procurement covered by this Chapter. 3. Entities may establish publicly available lists of suppliers qualified to participate in procurements. Where an entity requires suppliers to qualify for such a list in order to participate in a procurement, and a supplier that has not yet qualified applies to be included on the list, the entity shall promptly start the qualification procedures for the supplier and shall allow the supplier to participate in the procurement, provided there is sufficient time to complete the procedures within the time period established for tendering. 4. No entity may 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 an entity of that Party or that the supplier has prior work experience in the territory of that Party; and (d) may require prior experience where relevant to meet . An entity shall judge a suppliers financial and technical capacities on the requirements basis of its global business activities including both its activity in the territory of the procurementParty of the supplier, and its activity, if any, in the territory of the Party of the entity. 35. An entity shall promptly communicate to any supplier that has applied for qualification its decision on whether that supplier is qualified. Where an entity rejects an application for qualification or ceases to recognize a supplier as qualified, that entity shall, on request of the supplier, promptly provide it a written explanation of the reasons for its decision. 6. Nothing in this Article shall preclude a Party an entity from excluding a supplier from a procurement on grounds such as: (a) bankruptcy; (b) as bankruptcy or false declarations; or (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract. 4. Where a Party requires suppliers to register or pre-qualify before being permitted to participate in a covered procurement that Party shall ensure that a notice inviting suppliers to apply for registration or pre-qualification is published sufficiently in advance of the procurement to allow for interested suppliers, including suppliers of the other Party, to initiate and, to the extent that it is compatible with the efficient operation of the procurement process, complete the registration or qualification procedures. 5. The process of, and the time required for, registering or qualifying suppliers shall not be used in order to prevent or delay the inclusion of suppliers of the other Party on a list of suppliers or prevent such suppliers from being considered for a particular procurement. 6. A Party may establish a multi-use list provided that it publishes, annually or continuously, a notice inviting interested suppliers to apply for inclusion on the list. The notice shall include: (a) a description of the goods and services, or categories thereof, for which the list may be used; (b) the requirements to be satisfied by suppliers; (c) the name and address of the procuring entity or other government agency and other information necessary to contact the procuring entity and obtain all relevant documents relating to the list; and (d) deadlines for submission of applications for inclusion on that list, where applicable. 7. A Party that maintains a multi-use list shall include on the list all suppliers that satisfy the requirements set out in the notice referred to in paragraph 6 within a reasonably short time.

Conditions for Participation. 1. A Party shall limit any conditions for participation in a covered procurement to those that ensure the supplier’s capability to fulfil the requirements of the procurement. 2. In assessing whether a supplier satisfies the conditions for participation, a PartyEach entity shall: (a) shall evaluate Limit the capabilities conditions for participation to those that are essential to ensure that the potential supplier has the legal, commercial, technical and financial capacity to comply with the requirements and technical requirements of a supplier public procurement, which will be evaluated on the basis of that the supplier’s 's overall business activities both inside and outside the territory activities. For greater certainty, entities may require suppliers to provide proof of the Party of the procuring entitystrict compliance with their tax obligations; (b) shall base Base its determination qualification decisions solely on the conditions for participation that a procuring entity it has specified in advance in notices or tender documentation;procurement documents; and (c) Recognize as qualified all suppliers of the Parties that have satisfied the conditions to participate in a public procurement covered by this Chapter. 2. Entities may not impose establish publicly available standing lists of suppliers qualified to participate in procurement, provided that the condition that, Party so provides in its legal system. Where an entity requires suppliers to qualify on such a list in order to participate in a procurement, and a supplier that has not yet qualified applies to be placed on the list, the Parties shall ensure that the procedure for registration on the list is initiated without delay and shall allow the supplier to participate in the procurement, provided that the registration procedures can be completed within the time limit for submission of tenders. 3. No entity may impose as a condition for a supplier to participate in a procurement, procurement that the supplier has previously been awarded one or more procurement contracts by a procuring an entity of that Party or that the supplier has prior previous work experience in the territory of that Party; and. (d) may require prior experience where relevant 4. An entity shall promptly communicate to meet any supplier that has applied to qualify its decision as to whether the requirements supplier is qualified. Where an entity rejects an application for qualification or ceases to recognize a supplier as qualified, that entity shall, upon request of the procurementsupplier, promptly provide the supplier with a written explanation of the reasons for its decision. 35. Nothing in this Article article shall preclude a Party prevent an entity from excluding a supplier that is disqualified from contracting with the government in accordance with the legal system of each Party. Article 7.14: Treatment of bids and award of contracts 1. An entity shall receive, open and treat all tenders under procedures that ensure equality and fairness in the procurement process and shall treat tenders confidentially, at least until they are opened. 2. An entity shall require that a procurement on grounds such asbid, in order to be considered for an award, must be submitted in writing and must be due at the time of bid opening: (a) bankruptcyComply with the essential requirements contained in the procurement documents, and (b) From a supplier that has satisfied the conditions for participation. 3. Unless an entity determines that awarding a contract would be contrary to the public interest, the entity shall award the contract to the supplier that the entity has determined to be eligible to participate and fully capable of performing the contract, and whose tender is considered the most advantageous based solely on the requirements and evaluation criteria specified in the procurement documents. 4. An entity may not cancel a procurement, or terminate or modify a procurement contract, for the purpose of evading the obligations of this Chapter. 5. If, for any reason attributable to the successful bidder, the contract is not perfected or the successful bidder fails to execute the guarantee or fails to perform the contract, the contract may be awarded to the next bidder, and so on, provided that the legal system of each Party so permits. 6. In accordance with the legal system of each Party, an entity shall accept a tender submitted by a supplier even if the tender is received after the time specified for receipt of tenders, provided that the delay is solely attributable to the negligence of the entity. Article 7.15: Information on awards 1. An entity shall promptly publish its decision on the award of a procurement contract. On request, an entity shall provide a supplier whose tender was not selected for award with the reasons for not selecting its tender or the relative advantages of the tender that the entity selected. 2. Following an award under this Chapter, an entity shall promptly publish in an electronic medium listed in Annex 7.1, a notice that includes at least the following information about the contract award: (a) The name of the entity; (b) false declarations; or (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract. 4. Where a Party requires suppliers to register or pre-qualify before being permitted to participate in a covered procurement that Party shall ensure that a notice inviting suppliers to apply for registration or pre-qualification is published sufficiently in advance of the procurement to allow for interested suppliers, including suppliers of the other Party, to initiate and, to the extent that it is compatible with the efficient operation of the procurement process, complete the registration or qualification procedures. 5. The process of, and the time required for, registering or qualifying suppliers shall not be used in order to prevent or delay the inclusion of suppliers of the other Party on a list of suppliers or prevent such suppliers from being considered for a particular procurement. 6. A Party may establish a multi-use list provided that it publishes, annually or continuously, a notice inviting interested suppliers to apply for inclusion on the list. The notice shall include: (a) a description of the goods and services, or categories thereof, for which the list may be used; (b) the requirements to be satisfied by suppliersservices contracted; (c) the name and address The date of the procuring entity or other government agency and other information necessary to contact the procuring entity and obtain all relevant documents relating to the list; andaward; (d) deadlines for submission The name of applications for inclusion on that listthe supplier to whom the contract was awarded; (e) The value of the contract, where applicableand (f) The procurement method used. 73. A An entity shall maintain records and reports relating to procurement proceedings covered by this Chapter, including the records and reports required by Article 7.10, for a period of at least three (3) years. 4. Subject to Article 7.20, on request of a Party, the other Party that maintains shall provide in a multi-use list shall include timely manner information necessary to determine whether a procurement has been conducted fairly, impartially, and in accordance with this Chapter, including information on the list all suppliers that satisfy characteristics and relative advantages of the requirements set out in the notice referred to in paragraph 6 within a reasonably short timesuccessful tender.