Common use of Qualification of Suppliers Clause in Contracts

Qualification of Suppliers. 1. Pursuant to Article 15-04, in the qualification of suppliers during the tendering procedure, no entity of a Party may discriminate between suppliers of the other Parties or between domestic suppliers and suppliers of the other Parties. 2. An entity's rating procedures shall be consistent with the following: (a) the conditions for supplier participation in tendering procedures shall be published sufficiently in advance to allow suppliers adequate time to initiate and, to the extent consistent with the efficient operation of the procurement process, complete qualification procedures; (b) conditions for participation in tendering procedures, including financial guarantees, technical qualifications and information necessary to demonstrate the financial, commercial and technical capacity of suppliers, as well as verification of the supplier's compliance with such conditions, shall be limited to those essential to ensure the performance of the contract in question; (c) the financial, commercial and technical capacity of a supplier shall be determined on the basis of its overall activity, including both its activity exercised in the territory of the Party of the supplier and its activity in the territory of the Party of the purchasing entity, if any; (d) an entity may not use the supplier qualification process, including the time it requires, for the purpose of excluding suppliers of another Party from a list of suppliers or not considering them for a particular purchase; (e) an entity shall recognize as qualified suppliers those suppliers of another Party that are eligible to participate in a particular purchase; (f) an entity shall consider for a particular purchase those suppliers of another Party that apply to participate in the purchase and have not yet been qualified, provided that sufficient time is available to complete the qualification procedure; (g) an entity maintaining a permanent list of qualified suppliers shall ensure that suppliers may apply for qualification at any time, that all qualified suppliers so requesting are included in the list within a reasonably short period of time, and that all suppliers included in the list are notified of the cancellation of the list or their removal from the list; (h) where, after publication of the invitation pursuant to Article 15-11, a supplier that has not yet been qualified applies to participate in a particular procurement, the entity shall promptly initiate the qualification procedure; (i) an entity shall communicate to any supplier that has applied for qualification, the decision on whether it has been qualified; and (j) where an entity rejects an application for qualification, or ceases to recognize the qualification of a supplier, upon the supplier's request, the entity shall promptly provide relevant information on the reasons for its action.

Qualification of Suppliers. 1. Pursuant to Article 15-04In the process of qualifying suppliers, in the qualification of suppliers during the tendering procedure, no entity of a Party may entities shall not discriminate between among suppliers of the other Parties Party or between domestic suppliers and suppliers of the other Parties. 2Party. An entity's rating Qualification procedures shall be consistent with the following: (a) the any conditions for supplier participation in tendering procedures shall be published sufficiently in advance to allow suppliers adequate time to enable interested suppliers to initiate and, to the extent consistent that it is compatible with the efficient operation of the procurement process, complete the qualification procedures; (b) any conditions for participation in tendering proceduresprocedures 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 to demonstrate for establishing the financial, commercial and technical capacity of suppliers, as well as the verification of the supplier's compliance with such conditionsqualifications, shall be limited no less favorable to those essential to ensure the performance suppliers of the contract in question; (c) the other Party than to domestic suppliers. The financial, commercial and technical capacity of a supplier shall be determined judged both on the basis of its overall that supplier's global business activity, including both its activity exercised in the territory of the Party of the supplier and its activity in the territory of the Party of the purchasing entitysuppliers, and its activity, if any, in the territory of the Party of the procuring entity; (dc) an entity may not use the supplier qualification processprocess of, including and the time it requiresrequired for, for the purpose of excluding qualifying suppliers shall not be used in order to keep suppliers of another the other Party off a suppliers' list or from a list of suppliers or not considering them being considered for a particular purchase; (e) an entity intended procurement. Entities shall recognize as qualified suppliers those such domestic suppliers or suppliers of another other Party that are eligible who meet the conditions for participation in a particular intended procurement. Suppliers requesting to participate in a particular purchase; (f) an entity shall consider for a particular purchase those suppliers of another Party that apply to participate in the purchase and have intended procurement who may not yet been qualifiedbe qualified shall also be considered, provided that there is sufficient time is available to complete the qualification procedure; (gd) an entity entities maintaining a permanent list lists of qualified suppliers shall ensure that suppliers may apply for qualification at any time, ; and that all qualified suppliers so requesting are included in the list lists within a reasonably short period of time, and that all suppliers included in the list are notified of the cancellation of the list or their removal from the list; (he) whereif, after publication of the invitation pursuant to notice under paragraph 1 of Article 156-1109, a supplier that has not yet been qualified applies requests to participate in a particular an intended procurement, the entity shall promptly initiate start procedures for qualification; (f) any supplier having requested to become a qualified supplier shall be advised by the qualification procedureentities concerned of the decision in this 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) an each entity shall communicate to any supplier that has applied and its constituent parts follow a single qualification procedure, except in cases of duly substantiated need for qualification, the decision on whether it has been qualifieda different procedure; and (jii) where efforts be made to minimize differences in qualification procedures between entities. (h) nothing in subparagraphs (a) through (g) shall preclude the exclusion of any supplier on grounds such as bankruptcy or false declarations, provided that such an entity rejects an application for qualification, or ceases to recognize action is consistent with the qualification national treatment and non-discrimination provisions of a supplier, upon the supplier's request, the entity shall promptly provide relevant information on the reasons for its actionthis Chapter.

Qualification of Suppliers. 1. Pursuant to Article 15-04In the process of qualifying suppliers, in the qualification of suppliers during the tendering procedure, no entity of a Party may entities shall not discriminate between among suppliers of the other Parties or between domestic suppliers and suppliers of the other Parties. 2. An entity's rating Qualification procedures shall be consistent with the following: (a) the any conditions for supplier participation in tendering procedures shall be published sufficiently in advance to allow suppliers adequate time to enable interested suppliers to initiate and, to the extent consistent that it is compatible with the efficient operation of the procurement process, complete the qualification procedures; (b) any conditions for participation in tendering proceduresprocedures shall be limited to those which are essential to ensure the firm's capability to fulfill the contract in question. Any conditions for participation required from suppliers, including financial guarantees, technical qualifications and information necessary to demonstrate for establishing the financial, commercial and technical capacity of suppliers, as well as the verification of the supplier's compliance with such conditionsqualifications, shall be limited no less favourable to those essential suppliers of other Parties than to ensure the performance domestic suppliers and shall not discriminate among suppliers of the contract in question; (c) the other Parties. The financial, commercial and technical capacity of a supplier shall be determined judged on the basis both of its overall activity, including both its that supplier's global business activity exercised in the territory as well as of the Party of the supplier and its activity in the territory of the Party procuring entity, taking due account of the purchasing entity, if anylegal relationship between the supply organizations; (dc) an entity may not use the supplier qualification processprocess of, including and the time it requiresrequired for, for the purpose of excluding qualifying suppliers shall not be used in order to keep suppliers of another Party other Parties off a suppliers' list or from a list of suppliers or not considering them being considered for a particular purchase; (e) an entity intended procurement. Entities shall recognize as qualified suppliers those such domestic suppliers or suppliers of another Party that are eligible other Parties who meet the conditions for participation in a particular intended procurement. Suppliers requesting to participate in a particular purchase; (f) an entity shall consider for a particular purchase those suppliers of another Party that apply to participate in the purchase and have intended procurement who may not yet been qualifiedbe qualified shall also be considered, provided that there is sufficient time is available to complete the qualification procedure; (gd) an entity entities maintaining a permanent list lists of qualified suppliers shall ensure that suppliers may apply for qualification at any time, ; and that all qualified suppliers so requesting are included in the list lists within a reasonably short period of time, and that all suppliers included in the list are notified of the cancellation of the list or their removal from the list; (he) whereif, after publication of the invitation pursuant to notice under paragraph 1 of Article 15-11IX, a supplier that has not yet been qualified applies requests to participate in a particular an intended procurement, the entity shall promptly initiate start procedures for qualification; (f) any supplier having requested to become a qualified supplier shall be advised by the qualification procedureentities concerned of the decision in this 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) an each entity shall communicate to any supplier that has applied and its constituent parts follow a single qualification procedure, except in cases of duly substantiated need for qualification, the decision on whether it has been qualifieda different procedure; and (jii) where efforts be made to minimize differences in qualification procedures between entities. (h) nothing in subparagraphs (a) through (g) shall preclude the exclusion of any supplier on grounds such as bankruptcy or false declarations, provided that such an entity rejects an application for qualification, or ceases to recognize action is consistent with the qualification national treatment and non-discrimination provisions of a supplier, upon the supplier's request, the entity shall promptly provide relevant information on the reasons for its actionthis Agreement.

Qualification of Suppliers. 1. Pursuant to Article 15-04In the process of qualifying suppliers, in the qualification of suppliers during the tendering procedure, no a procuring entity of a Party may shall not discriminate between suppliers of the other Parties or between domestic suppliers and suppliers of the other PartiesParty. 2. An entity's rating Any conditions for participation in open tendering procedures shall be no less favourable to suppliers of the other Party than to domestic suppliers. 3. The process of, and the time required for, registering and/or qualifying suppliers shall not be used in order to exclude suppliers of the other Party, from being considered for a particular procurement. 4. Qualification procedures shall be consistent with the following: (a) the conditions for supplier participation in tendering procedures shall be published sufficiently in advance to allow suppliers adequate time to initiate and, to the extent consistent with the efficient operation of the procurement process, complete qualification procedures; (b) conditions any condition for participation in tendering proceduresthe procurement, including financial guarantees, technical qualifications and information necessary to demonstrate for establishing the legal, financial, commercial and technical capacity of suppliers, as well as verification the verifications of the supplier's compliance with such conditionsqualifications, shall be limited to those which are essential to ensure the performance of supplier’s capability to fulfill the contract in question; (c) the . The legal, financial, commercial and technical capacity of a supplier shall be determined judged both on the basis of its overall activity, including both its that supplier’s global business activity exercised in the territory of the Party of the supplier and its activity in the territory of the Party procuring entity taking due account of the purchasing entity, if anylegal relationship between the supply organizations; (db) an entity may not use the supplier qualification process, including the time it requires, for the purpose of excluding recognize as qualified all suppliers of another the other Party from a list of suppliers or not considering them that have met the requisite conditions for a particular purchaseparticipation; (ec) an entity shall recognize as qualified suppliers those suppliers of another Party that are eligible to participate in a particular purchase; (f) an entity shall consider for a particular purchase those suppliers of another Party that apply to participate in the purchase and have not yet been qualified, provided that sufficient time is available to complete the qualification procedure; (g) an entity maintaining a permanent list of qualified suppliers shall ensure that suppliers may apply for qualification at any time, that all qualified suppliers so requesting are included in the list within a reasonably short period of time, and that all suppliers included in the list are notified of the cancellation of the list or their removal from the list; (h) where, after publication of the invitation pursuant to Article 15-11, a supplier that has not yet been qualified applies to participate in a particular procurement, the procuring entity shall promptly initiate the qualification procedure; (i) an entity shall communicate to any supplier that has applied for qualification, the qualification its decision on whether it has been that supplier is qualified; and (j) where an . Where a procuring entity rejects an application for qualification, qualification or ceases to recognize a supplier as qualified, that procuring entity shall, on request of the supplier, promptly provide it with a written explanation; and (d) 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 efficient operation of the procurement process, complete the qualification procedures. 5. Nothing in this Article shall preclude a procuring entity from excluding a supplier from a procurement on grounds such as bankruptcy or false declaration, provided that such an action is consistent with the national treatment provisions of a supplier, upon the supplier's request, the entity shall promptly provide relevant information on the reasons for its actionthis Chapter.

Qualification of Suppliers. 1. Pursuant to Article 1514-04, in the qualification of suppliers during the tendering procedure, no entity of a Party may discriminate between suppliers of the other Parties Party or between domestic suppliers and suppliers of the other PartiesParty. 2. An entity's rating The qualification procedures followed by an entity shall be consistent with the following: (a) the conditions for supplier the participation of suppliers in tendering procedures shall be published sufficiently in advance to allow suppliers adequate time to initiate and, to the extent consistent with the efficient operation of the procurement process, complete qualification procedures; (b) conditions for participation in tendering proceduresproceedings, including financial guarantees, technical qualifications and information necessary to demonstrate the financial, commercial and technical capacity capability of suppliers, as well as verification of the supplier's compliance with such conditions, shall be limited to those essential to ensure the performance of the contract in questionconcerned; (c) the financial, commercial and technical capacity of a supplier shall be determined on the basis of its overall activity, including both its activity exercised in the territory of the supplier's Party of the supplier and its activity in the territory of the Party of the purchasing procuring entity, if any; (d) an entity may not use the supplier qualification process, including the time it requires, for the purpose of excluding suppliers of another the other Party from a list of suppliers or not considering them for a particular purchase; (e) an entity shall recognize as qualified suppliers those suppliers of another the other Party that are eligible to participate in a particular purchase; (f) an entity shall consider for a particular purchase those suppliers of another the other Party that apply to participate in the purchase and have not yet been qualified, provided that sufficient time is available to complete the qualification procedure; (g) an entity maintaining a permanent standing list of qualified suppliers shall ensure that suppliers may apply for qualification at any time, that all qualified suppliers so requesting are included in the list within a reasonably short period of time, and that all suppliers included in the list are notified of the cancellation of the list or their removal from the list; (h) where, after publication of the invitation pursuant to solicitation in accordance with Article 1514-11, a supplier that has not yet been qualified applies to participate in a particular procurement, the entity shall promptly initiate the qualification procedure; (i) an entity shall communicate to any supplier that has applied for qualification, qualification the decision on as to whether it has been qualified; and (j) where an entity rejects an application a request for qualification, qualification or ceases to recognize the qualification of a supplier, the entity shall, upon the supplier's request, the entity shall promptly provide relevant information on the reasons for its action. 3. Each Party shall: (a) ensure that each of its entities uses a single qualification procedure; where the entity establishes a need for a different procedure and, on request of the other Party, is prepared to demonstrate such need, it may use additional qualification procedures; and (b) endeavor to minimize differences in the rating procedures of its entities. 4. Nothing in paragraphs 2 and 3 shall prevent an entity from excluding a supplier on grounds such as bankruptcy or misrepresentation.

Qualification of Suppliers. 1. Pursuant to Article 15-04WTO - Internal In the process of qualifying suppliers, in the qualification of suppliers during the tendering procedure, no entity of a Party may entities shall not discriminate between among suppliers of the other Parties or between domestic suppliers and suppliers of the other Parties. 2. An entity's rating Qualification procedures shall be consistent with the following: (a) the any conditions for supplier participation in tendering procedures shall be published sufficiently in advance to allow suppliers adequate time to enable interested suppliers to initiate and, to the extent consistent that it is compatible with the efficient operation of the procurement process, complete the qualification procedures; (b) any conditions for participation in tendering proceduresprocedures 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 to demonstrate for establishing the financial, commercial and technical capacity of suppliers, as well as the verification of the supplier's compliance with such conditionsqualifications, shall be limited no less favourable to those essential suppliers of other Parties than to ensure the performance domestic suppliers and shall not discriminate among suppliers of the contract in question; (c) the other Parties. The financial, commercial and technical capacity of a supplier shall be determined judged on the basis both of its overall activity, including both its that supplier's global business activity exercised in the territory as well as of the Party of the supplier and its activity in the territory of the Party procuring entity, taking due account of the purchasing entity, if anylegal relationship between the supply organizations; (dc) an entity may not use the supplier qualification processprocess of, including and the time it requiresrequired for, for the purpose of excluding qualifying suppliers shall not be used in order to keep suppliers of another Party other Parties off a suppliers' list or from a list of suppliers or not considering them being considered for a particular purchase; (e) an entity intended procurement. Entities shall recognize as qualified suppliers those such domestic suppliers or suppliers of another Party that are eligible other Parties who meet the conditions for participation in a particular intended procurement. Suppliers requesting to participate in a particular purchase; (f) an entity shall consider for a particular purchase those suppliers of another Party that apply to participate in the purchase and have intended procurement who may not yet been qualifiedbe qualified shall also be considered, provided that there is sufficient time is available to complete the qualification procedure; (gd) an entity entities maintaining a permanent list lists of qualified suppliers shall ensure that suppliers may apply for qualification at any time, ; and that all qualified suppliers so requesting are included in the list lists within a reasonably short period of time, and that all suppliers included in the list are notified of the cancellation of the list or their removal from the list; (he) whereif, after publication of the invitation pursuant to notice under paragraph 1 of Article 15-11IX, a supplier that has not yet been qualified applies requests to participate in a particular an intended procurement, the entity shall promptly initiate start procedures for qualification; (f) any supplier having requested to become a qualified supplier shall be advised by the qualification procedureentities concerned of the decision in this 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) an each entity shall communicate to any supplier that has applied and its constituent parts follow a single qualification procedure, except in cases of duly substantiated need for qualification, the decision on whether it has been qualifieda different procedure; and (jii) where efforts be made to minimize differences in qualification procedures between entities. (h) nothing in subparagraphs (a) through (g) shall preclude the exclusion of any supplier on grounds such as bankruptcy or false declarations, provided that such an entity rejects an application for qualification, or ceases to recognize action is consistent with the qualification national treatment and non-discrimination provisions of a supplier, upon the supplier's request, the entity shall promptly provide relevant information on the reasons for its actionthis Agreement.

Qualification of Suppliers. 1. Pursuant to Article 15-04In the process of qualifying suppliers, in the qualification of suppliers during the tendering procedure, no entity of a Party may entities shall not discriminate between among suppliers of the other Parties or between domestic suppliers and suppliers of the other Parties. 2. An entity's rating Qualification procedures shall be consistent with the following: (a) the any conditions for supplier participation in tendering procedures shall be published sufficiently in advance to allow suppliers adequate time to enable interested suppliers to initiate and, to the extent consistent that it is compatible with the efficient operation of the procurement process, complete the qualification procedures; (b) any conditions for participation in tendering proceduresprocedures 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 techni- cal qualifications and information necessary to demonstrate for establishing the financial, commercial and technical capacity of suppliers, as well as the verification of the supplier's compliance with such conditionsqualifications, shall be limited no less favourable to those essential suppliers of other Parties than to ensure the performance domestic suppliers and shall not discriminate among suppliers of the contract in question; (c) the other Parties. The financial, commercial com- mercial and technical capacity of a supplier shall be determined judged on the basis both of its overall activity, including both its that supplier’s global business activity exercised in the territory as well as of the Party of the supplier and its activity in the territory of the Party procuring entity, taking due account of the purchasing entity, if anylegal relationship between the supply organizations; (dc) an entity may not use the supplier qualification processprocess of, including and the time it requiresrequired for, for the purpose of excluding qualifying suppliers shall not be used in order to keep suppliers of another Party other Parties off a suppliers’ list or from a list of suppliers or not considering them being considered for a particular purchase; (e) an entity intended procure- ment. Entities shall recognize as qualified suppliers those such domes- tic suppliers or suppliers of another Party that are eligible other Parties who meet the conditions for participation in a particular intended procurement. Suppliers requesting to participate in a particular purchase; (f) an entity shall consider for a particular purchase those suppliers of another Party that apply to participate in the purchase and have intended procurement who may not yet been qualifiedbe qualified shall also be considered, provided that there is sufficient time is available to complete the qualification procedure; (gd) an entity entities maintaining a permanent list lists of qualified suppliers shall ensure that suppliers may apply for qualification at any time, ; and that all qualified suppliers so requesting are included in the list lists within a reasonably short period of time, and that all suppliers included in the list are notified of the cancellation of the list or their removal from the list; (he) whereif, after publication of the invitation pursuant to notice under paragraph 1 of Article 15-11IX, a supplier that has not yet been qualified applies requests to participate in a particular an intended procurement, the entity shall promptly initiate the qualification procedure; (i) an entity shall communicate to any supplier that has applied start procedures for qualification, the decision on whether it has been qualified; and (j) where an entity rejects an application for qualification, or ceases to recognize the qualification of a supplier, upon the supplier's request, the entity shall promptly provide relevant information on the reasons for its action.;

Qualification of Suppliers. 1. Pursuant to Article 15-04In the process of qualifying suppliers, in the qualification of suppliers during the tendering procedure, no entity of a Party may entities shall not discriminate between among suppliers of the other Parties or between domestic suppliers and suppliers of the other Parties. 2. An entity's rating Qualification procedures shall be consistent with the following: (a) the any conditions for supplier participation in tendering procedures shall be published sufficiently in advance to allow suppliers adequate time to enable interested suppliers to initiate and, to the extent consistent that it is compatible with the efficient operation of the procurement process, complete the qualification procedures; (b) any conditions for participation in tendering proceduresprocedures 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 to demonstrate for establishing the financial, commercial and technical capacity of suppliers, as well as the verification of the supplier's compliance with such conditionsqualifications, shall be limited no less favourable to those essential suppliers of other Parties than to ensure the performance domestic suppliers and shall not discriminate among suppliers of the contract in question; (c) the other Parties. The financial, commercial and technical capacity of a supplier shall be determined judged on the basis both of its overall activity, including both its that supplier's global business activity exercised in the territory as well as of the Party of the supplier and its activity in the territory of the Party procuring entity, taking due account of the purchasing entity, if anylegal relationship between the supply organizations; (dc) an entity may not use the supplier qualification processthe process of, including and the time it requiresrequired for, for the purpose of excluding qualifying suppliers shall not be used in order to keep suppliers of another Party other Parties off a suppliers' list or from a list of suppliers or not considering them being considered for a particular purchase; (e) an entity intended procurement. Entities shall recognize as qualified suppliers those such domestic suppliers or suppliers of another Party that are eligible other Parties who meet the conditions for participation in a particular intended procurement. Suppliers requesting to participate in a particular purchase; (f) an entity shall consider for a particular purchase those suppliers of another Party that apply to participate in the purchase and have intended procurement who may not yet been qualifiedbe qualified shall also be considered, provided that there is sufficient time is available to complete the qualification procedure; (gd) an entity entities maintaining a permanent list lists of qualified suppliers shall ensure that suppliers may apply for qualification at any time, ; and that all qualified suppliers so requesting are included in the list lists within a reasonably short period of time, and that all suppliers included in the list are notified of the cancellation of the list or their removal from the list; (he) whereif, after publication of the invitation pursuant to notice under paragraph 1 of Article 15-11IX, a supplier that has not yet been qualified applies requests to participate in a particular an intended procurement, the entity shall promptly initiate start procedures for qualification; (f) any supplier having requested to become a qualified supplier shall be advised by the qualification procedureentities concerned of the decision in this 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) an each entity shall communicate to any supplier that has applied and its constituent parts follow a single qualification procedure, except in cases of duly substantiated need for qualification, the decision on whether it has been qualifieda different procedure; and (jii) where efforts be made to minimize differences in qualification procedures between entities. (h) nothing in subparagraphs (a) through (g) shall preclude the exclusion of any supplier on grounds such as bankruptcy or false declarations, provided that such an entity rejects an application for qualification, or ceases to recognize action is consistent with the qualification national treatment and non-discrimination provisions of a supplier, upon the supplier's request, the entity shall promptly provide relevant information on the reasons for its actionthis Agreement.