Common use of Qualification of Suppliers Clause in Contracts

Qualification of Suppliers. 1. Any conditions for participation in procurement shall be limited to those that are essential to ensure that the potential supplier has the capability to fulfil the requirements of the procurement and the ability to execute the contract in question. 2. In the process of qualifying suppliers, entities shall not discriminate between domestic suppliers and suppliers of another Party. In assessing whether a supplier satisfies the conditions for participation, a procuring entity shall evaluate the financial, 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. The procuring entity shall base its assessment on the conditions that it has specified in advance in notices or tender documentation. 3. Nothing in this Article shall preclude the exclusion of any supplier on grounds such as bankruptcy, false declarations or conviction for serious crime such as participation in criminal organizations. 4. Entities shall publish in adequate time any conditions for participation in tendering procedures to enable interested suppliers to initiate and, to the extent that it is compatible with the efficient operation of the procurement practices, to complete the qualification procedure. 5. Procuring entities may establish or maintain a permanent list of qualified suppliers. They shall ensure that suppliers may apply for qualification at any time and that all qualified suppliers so requesting are included in the list within a reasonable and non-discriminatory short period of time. A supplier having requested to be included in the list shall be informed by the entities concerned of the decision in this regard in a timely fashion. 6. Entities operating in the utilities sectors or others may use a notice inviting suppliers to apply for inclusion on a permanent list as a notice of intended procurement and may exclude requests for participation from suppliers not yet qualified in respect of the procurement on the grounds that the procuring entity has insufficient time to examine the application.

Qualification of Suppliers. 1. Any conditions for participation in procurement shall be limited to those that are essential to ensure that the potential supplier has the capability to fulfil the requirements of the procurement and the ability to execute the contract in question. 2. In the process of qualifying suppliers, entities shall not discriminate among suppliers of other Parties or between domestic suppliers and suppliers of another Partyother Parties. In assessing whether a supplier satisfies Qualification procedures shall be consistent with the conditions for participation, a procuring entity shall evaluate the financial, 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. The procuring entity shall base its assessment on the conditions that it has specified in advance in notices or tender documentation.following: 3. Nothing in this Article shall preclude the exclusion of any supplier on grounds such as bankruptcy, false declarations or conviction for serious crime such as participation in criminal organizations. 4. Entities shall publish in adequate time (a) any conditions for participation in tendering procedures shall be published in adequate time to enable interested suppliers to initiate and, to the extent that it is compatible with the efficient operation of the procurement practicesprocess, complete the qualification procedures; (b) any conditions for participation in tendering procedures shall be limited to those which are essential to ensure the firm's capability to fulfil the contract in question. Any conditions for participation required from suppliers, including financial guarantees, technical qualifications and information necessary for establishing the financial, commercial and technical capacity of suppliers, as well as the verification of qualifications, shall be no less favourable to suppliers of other Parties than to domestic suppliers and shall not discriminate among suppliers of other Parties. The financial, commercial and technical capacity of a supplier shall be judged on the basis both of that supplier's global business activity as well as of its activity in the territory of the procuring entity, taking due account of the legal relationship between the supply organizations; (c) the process of, and the time required for, qualifying suppliers shall not be used in order to keep suppliers of other Parties off a suppliers' list or from being considered for a particular intended procurement. Entities shall recognize as qualified suppliers such domestic suppliers or suppliers of other Parties who meet the conditions for participation in a particular intended procurement. Suppliers requesting to participate in a particular intended procurement who may not yet be qualified shall also be considered, provided there is sufficient time to complete the qualification procedure.; 5. Procuring (d) entities may establish or maintain a maintaining permanent list lists of qualified suppliers. They suppliers shall ensure that suppliers may apply for qualification at any time time; and that all qualified suppliers so requesting are included in the list lists within a reasonable and non-discriminatory reasonably short period time; (e) if, after publication of time. A the notice under paragraph 1 of Article IX, a supplier not yet qualified requests to participate in an intended procurement, the entity shall promptly start procedures for qualification; (f) any supplier having requested to be included in the list become a qualified supplier shall be informed advised by the entities concerned of the decision in this regard regard. Qualified suppliers included on permanent lists by entities shall also be notified of the termination of any such lists or of their removal from them; (g) each Party shall ensure that: (i) each entity and its constituent parts follow a single qualification procedure, except in cases of duly substantiated need for a timely fashiondifferent procedure; and (ii) efforts be made to minimize differences in qualification procedures between entities. 6. Entities operating (h) nothing in subparagraphs (a) through (g) shall preclude the utilities sectors exclusion of any supplier on grounds such as bankruptcy or others may use a notice inviting suppliers to apply for inclusion on a permanent list as a notice false declarations, provided that such an action is consistent with the national treatment and non-discrimination provisions of intended procurement and may exclude requests for participation from suppliers not yet qualified in respect of the procurement on the grounds that the procuring entity has insufficient time to examine the applicationthis Agreement.

Qualification of Suppliers. 1. Any conditions for participation in procurement shall be limited to those that are essential to ensure that the potential supplier has the capability to fulfil the requirements of the procurement and the ability to execute the contract in question. 2. In the process of qualifying suppliers, each Party shall ensure that its entities shall do not discriminate between domestic suppliers and against suppliers of another the other Party. In assessing whether a supplier satisfies Qualification procedures shall be consistent with the conditions for participation, a procuring entity shall evaluate the financial, 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. The procuring entity shall base its assessment on the conditions that it has specified in advance in notices or tender documentation.following: 3. Nothing in this Article shall preclude the exclusion of any supplier on grounds such as bankruptcy, false declarations or conviction for serious crime such as participation in criminal organizations. 4. Entities shall publish in adequate time (a) any conditions for participation in tendering procedures shall be published in adequate time to enable interested suppliers to initiate and, to the extent that it is compatible with the efficient operation of the procurement practicesprocess, complete the qualification procedures; (b) any conditions for participation in tendering procedures shall be limited to those which are essential to ensure the potential supplier’s capability to fulfill the contract in question; (c) the process of, and the time required for, qualifying suppliers shall not be used in order to keep suppliers of the other Party off a suppliers’ list or from being considered for a particular intended procurement. Entities shall recognize as qualified suppliers such suppliers of the other Party who meet the conditions for participation in a particular intended procurement. Suppliers requesting to participate in a particular intended procurement who may not yet be qualified shall also be considered, provided there is sufficient time to complete the qualification procedure.; 5. Procuring (d) entities may establish or maintain a permanent list lists of qualified suppliers. They The entities shall ensure ensure: (i) that suppliers may apply for qualification at any time and time; and (ii) that all qualified suppliers so requesting are included in the list lists within a reasonable and non-discriminatory reasonably short period time; (e) if, after publication of time. A the notice of procurement under paragraph 1 of Article 143, a supplier not yet qualified requests to participate in an intended procurement, the entity shall promptly start procedures for qualification; and (f) any supplier having requested to be included in the list become a qualified supplier shall be informed advised by the entities concerned of the decision in this regard regard. 2. Nothing in paragraph 1 shall preclude the exclusion of any supplier on grounds such as bankruptcy, liquidation or insolvency, or false declarations relating to a procurement, provided that such an action is consistent with the national treatment and non-discrimination provisions of this Chapter. Article 143 Notice of Procurement 1. For each case of intended procurement, each Party shall ensure that its entities make publicly available in advance in the appropriate publication listed in Part 7 of Annex 14, a notice of procurement inviting interested suppliers to participate in that procurement, except as provided for in Article 147. 2. The information in each notice of procurement shall include a description of the intended procurement, any conditions that suppliers must fulfill to participate in the procurement, the name of the entity, the address where all documents relating to the procurement may be obtained and the time-limits for submission of tenders. 3. Each Party shall endeavor to ensure that its entities make publicly available notices of procurement in a timely fashionmanner through means which offer the widest possible and non-discriminatory access to interested suppliers. These means may be accessible free of charge, through a single electronic point of access. 64. Entities operating in the utilities sectors or others may use a notice inviting suppliers to apply for inclusion on a permanent list as If, after making publicly available a notice of procurement in any case of intended procurement, but before the time set for opening or receipt of tenders as specified in the notice or the tender documentation, it becomes necessary to amend or re-issue the notice, the amendment or the re-issued notice shall be made publicly available in the same manner as the original notice. Any significant information given to one supplier with respect to a particular intended procurement and may exclude requests for participation from shall be given simultaneously to all other suppliers not yet qualified concerned in respect of the procurement on the grounds that the procuring entity has insufficient adequate time to examine permit the applicationsuppliers to consider such information and to respond to it.

Qualification of Suppliers. 1. Any conditions for participation in procurement shall be limited to those that are essential to ensure that the potential supplier has the capability to fulfil the requirements of the procurement and the ability to execute the contract in question. 2. In the process of qualifying suppliers, entities shall not discriminate between domestic suppliers and suppliers of another Party. In assessing whether a supplier satisfies the conditions for participation, a procuring entity shall evaluate the financial, 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. The procuring entity shall base its assessment on the conditions that it has specified in advance in notices or tender documentation.has 3. Nothing in this Article shall preclude the exclusion of any supplier on grounds such as bankruptcy, false declarations or conviction for serious crime such as participation in criminal organizations. . 4. Entities shall publish in adequate time any conditions for participation in tendering procedures to enable interested suppliers to initiate and, to the extent that it is compatible with the efficient operation of the procurement practices, to complete the qualification procedure. . 5. Procuring entities may establish or maintain a permanent list of qualified suppliers. They shall ensure that suppliers may apply for qualification at any time and that all qualified suppliers so requesting are included in the list within a reasonable and non-discriminatory short period of time. A supplier having requested to be included in the list shall be informed by the entities concerned of the decision in this regard in a timely fashion. . 6. Entities operating in the utilities sectors or others may use a notice inviting suppliers to apply for inclusion on a permanent list as a notice of intended procurement and may exclude requests for participation from suppliers not yet qualified in respect of the procurement on the grounds that the procuring entity has insufficient time to examine the application.

Qualification of Suppliers. 1. Any conditions for participation in procurement shall be limited to those that are essential to ensure that the potential supplier has the capability to fulfil the requirements of the procurement and the ability to execute the contract in question. 2. In the process of qualifying suppliers, entities shall not discriminate between domestic suppliers and suppliers of another Party. 3. In assessing whether A Party shall not impose the condition that, in order for a supplier satisfies to participate in a procurement, the supplier has previously been awarded one or more contracts by an entity of that Party or that the supplier has prior work experience in the territory of that Party. 4. Entities shall recognise as qualified suppliers all suppliers who meet the conditions for participation, participation in a procuring entity shall evaluate the financial, 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 entityparticular intended procurement. The procuring entity Entities shall base its assessment their qualification decisions solely on the conditions for participation that it has have been specified in advance in notices or tender documentation. 35. Nothing in this Article Chapter shall preclude the exclusion of any supplier on grounds such as bankruptcy, bankruptcy or false declarations or conviction for a serious crime such as participation in criminal organizationsorganisations. 46. Entities shall publish in adequate time any conditions promptly communicate to suppliers that have applied for participation in tendering procedures to enable interested suppliers to initiate and, to the extent that it is compatible with the efficient operation of the procurement practices, to complete the qualification proceduretheir decision on whether or not they qualify. 57. Procuring entities Entities may establish or maintain a permanent list lists of qualified suppliers. They suppliers provided that the following rules are respected: (a) entities establishing permanent lists shall ensure that suppliers may apply for qualification at any time and that all qualified suppliers so requesting are included in the list within a reasonable and non-discriminatory short period of time. A ; (b) any supplier having requested to be included in the list become a qualified supplier shall be informed notified by the entities concerned of the decision in this regard regard; (c) suppliers requesting to participate in a timely fashion.given intended procurement who are not on the permanent list of qualified suppliers shall be given the possibility to participate in the procurement by presenting the equivalent certifications and other means of proof requested from suppliers who are on the list; 6. Entities (d) when an entity operating in the utilities sectors or others may use sector uses a notice inviting suppliers to apply for inclusion on the existence of a permanent list as a notice of intended procurement and may exclude requests for participation from procurement, as provided in Annex XIV, Appendix 5, paragraph 6, suppliers requesting to participate who are not yet qualified in respect of the procurement on the grounds that permanent list of qualified suppliers shall also be considered for the procurement, provided there is sufficient time to complete the qualification procedure; in this event, the procuring entity has insufficient shall promptly start procedures for qualification and the process of, and the time required for, qualifying suppliers shall not be used in order to examine keep suppliers of other Parties off the applicationsuppliers’ list.

Qualification of Suppliers. 1. Any conditions for participation Further to Article 1003, no entity of a Party may, in procurement shall be limited to those that are essential to ensure that the potential supplier has the capability to fulfil the requirements of the procurement and the ability to execute the contract in question. 2. In the process of qualifying supplierssuppliers in a tendering procedure, entities shall not discriminate between suppliers of the other Parties or between domestic suppliers and suppliers of another Partythe other Parties. 2. In assessing whether a supplier satisfies the conditions for participation, a procuring The qualification procedures followed by an entity shall evaluate be consistent with the financial, 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. The procuring entity shall base its assessment on the conditions that it has specified in advance in notices or tender documentation.following: 3. Nothing in this Article shall preclude the exclusion of any supplier on grounds such as bankruptcy, false declarations or conviction for serious crime such as participation in criminal organizations. 4. Entities shall publish in adequate time any (a) conditions for participation by suppliers in tendering procedures shall be published sufficiently in advance so as to enable interested provide the suppliers adequate time to initiate and, to the extent that it is compatible with the efficient operation of the procurement practicesprocess, to complete the qualification procedures; (b) conditions for participation by suppliers in tendering procedures, including financial guarantees, technical qualifications and information necessary for establishing the financial, commercial and technical capacity of suppliers, as well as the verification of whether a supplier meets those conditions, shall be limited to those that are essential to ensure the fulfillment of the contract in question; (c) the financial, commercial and technical capacity of a supplier shall be judged both on the basis of that supplier's global business activity, including its activity in the territory of the Party of the supplier, and its activity, if any, in the territory of the Party of the procuring entity; (d) an entity shall not misuse the process of, including the time required for, qualification in order to exclude suppliers of another Party from a suppliers' list or from being considered for a particular procurement; (e) an entity shall recognize as qualified suppliers those suppliers of another Party that meet the conditions for participation in a particular procurement; (f) an entity shall consider for a particular procurement those suppliers of another Party that request to participate in the procurement and that are not yet qualified, provided there is sufficient time to complete the qualification procedure.; 5. Procuring entities may establish or maintain (g) an entity that maintains a permanent list of qualified suppliers. They suppliers shall ensure that suppliers may apply for qualification at any time and time, that all qualified suppliers so requesting are included in the list within a reasonable and non-discriminatory reasonably short period of time. A supplier having requested to be time and that all qualified suppliers included in the list shall be informed by the entities concerned are notified of the decision in this regard in a timely fashion.termination of the list or of their removal from it; 6. Entities operating in the utilities sectors or others may use (h) where, after publication of a notice inviting suppliers to apply for inclusion on in accordance with Article 1010, a permanent list as a notice of intended procurement and may exclude requests for participation from suppliers supplier that is not yet qualified requests to participate in respect a particular procurement, the entity shall promptly start the qualification procedure; (i) an entity shall advise any supplier that requests to become a qualified supplier of its decision as to whether that supplier has become qualified; and (j) where an entity rejects a supplier's application to qualify or ceases to recognize a supplier as qualified, the entity shall, on request of the procurement supplier, promptly provide pertinent information concerning the entity's reasons for doing so. 3. Each Party shall: (a) ensure that each of its entities uses a single qualification procedure, except that an entity may use additional qualification procedures where the entity determines the need for a different procedure and is prepared, on request of another Party, to demonstrate that need; and (b) endeavor to minimize differences in the qualification procedures of its entities. 4. Nothing in paragraphs 2 and 3 shall prevent an entity from excluding a supplier on grounds that the procuring entity has insufficient time to examine the applicationsuch as bankruptcy or false declarations.

Qualification of Suppliers. 1. Any conditions for participation in procurement shall be limited to those that are essential to ensure that the potential supplier has the capability to fulfil the requirements of the procurement and the ability to execute the contract in question. 2. In the process of qualifying suppliers, entities shall not discriminate between domestic suppliers and suppliers of another Party. 3. In assessing whether A Party shall not impose the condition that, in order for a supplier satisfies to participate in a procurement, the supplier has previously been awarded one or more contracts by an entity of that Party or that the supplier has prior work experience in the territory of that Party. 4. Entities shall recognise as qualified suppliers all suppliers who meet the conditions for participation, participation in a procuring entity shall evaluate the financial, 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 entityparticular intended procurement. The procuring entity Entities shall base its assessment their qualification decisions solely on the conditions for participation that it has have been specified in advance in notices or tender documentation. 35. Nothing in this Article Chapter shall preclude the exclusion of any supplier on grounds such as bankruptcy, bankruptcy or false declarations or conviction for a serious crime such as participation in criminal organizationsorganisations. 46. Entities shall publish in adequate time any conditions promptly communicate to suppliers that have applied for participation in tendering procedures to enable interested suppliers to initiate and, to the extent that it is compatible with the efficient operation of the procurement practices, to complete the qualification proceduretheir decision on whether or not they qualify. 57. Procuring entities Entities may establish or maintain a permanent list lists of qualified suppliers. They suppliers provided that the following rules are respected: (a) entities establishing permanent lists shall ensure that suppliers may apply for qualification at any time and that all qualified suppliers so requesting are included in the list within a reasonable and non-discriminatory short period of time. A ; (b) any supplier having requested to be included in the list become a qualified supplier shall be informed notified by the entities concerned of the decision in this regard regard; (c) suppliers requesting to participate in a timely fashion.given intended procurement who are not on the permanent list of qualified suppliers shall be given the possibility to participate in the procurement by presenting the equivalent certifications and other means of proof requested from suppliers who are on the list; 6. Entities (d) when an entity operating in the utilities sectors or others may use sector uses a notice inviting suppliers to apply for inclusion on the existence of a permanent list as a notice of intended procurement and may exclude requests for participation from procurement, as provided in Annex XIV, Appendix 5, paragraph 6, suppliers requesting to participate who are not yet qualified in respect of the procurement on the grounds that permanent list of qualified suppliers shall also be considered for the procurement, provided there is sufficient time to complete the qualification procedure; in this event, the procuring entity has insufficient shall promptly start procedures for qualification and the process of, and the time required for, qualifying suppliers shall not be used in order to examine keep suppliers of other Parties off the applicationsuppliers' list.

Qualification of Suppliers. 1. Any conditions for participation in procurement shall be limited to those that are essential to ensure that the potential supplier has the capability to fulfil the requirements of the procurement and the ability to execute the contract in question. 2. In the process of qualifying suppliers, entities shall not discriminate between domestic suppliers and suppliers of another Party. In assessing whether a supplier satisfies the conditions for participation, a procuring entity shall evaluate the financial, 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. The procuring entity shall base its assessment on the conditions that it has specified in advance in notices or tender documentation. 3. Nothing in this Article shall preclude the exclusion of any supplier on grounds such as bankruptcy, false declarations or conviction for serious crime such as participation in criminal organizations. 4. Entities shall publish in adequate time any conditions for participation in tendering procedures to enable interested suppliers to initiate and, to the extent that it is compatible with the efficient operation of the procurement practices, to complete the qualification procedure. 5. Procuring entities may establish or maintain a permanent list of qualified suppliers. They shall ensure that suppliers may apply for qualification at any time and that all qualified suppliers so requesting are included in the list within a reasonable and non-discriminatory short period of time. A supplier having requested to be included in the list shall be informed by the entities concerned of the decision in this regard in a timely fashion. 6. Entities operating in the utilities sectors or others may use a notice inviting suppliers to apply for inclusion on a permanent list as a notice of intended procurement and may exclude requests for participation from suppliers not yet qualified in respect of the procurement on the grounds that the procuring entity has insufficient time to examine the application.