Common use of Qualification of Suppliers Clause in Contracts

Qualification of Suppliers. Registration Systems and Qualification Procedures 1. A Party, including its procuring entities, may maintain a supplier registration system under which interested suppliers are required to register and provide certain information. 2. No Party, including its procuring entities, shall: (a) adopt or apply any registration system or qualification procedure with the purpose or the effect of creating unnecessary obstacles to the participation of suppliers of the other Party in its procurement; or (b) use such registration system or qualification procedure to prevent or delay the inclusion of suppliers of the other Party on a list of suppliers or prevent those suppliers from being considered for a particular procurement. Selective Tendering 3. If a procuring entity intends to use selective tendering, the procuring entity shall: (a) publish a notice of intended procurement that invites suppliers to submit a request for participation in a covered procurement; and (b) include in the notice of intended procurement the information specified in Article 13.6.3(a), (b), (d), (g), (h), and (i) (Notices of Intended Procurement). 4. The procuring entity shall: (a) publish the notice sufficiently in advance of the procurement to allow interested suppliers to request participation in the procurement; (b) provide, by the commencement of the time period for tendering, at least the information in Article 13.6.3 (c), (e), and (f) (Notices of Intended Procurement) to the qualified suppliers that it notifies as specified in Article 13.13.3(b) (Time Periods); and (c) allow all qualified suppliers to submit a tender, unless the procuring entity stated in the notice of intended procurement a limitation on the number of suppliers that will be permitted to tender and the criteria or justification for selecting the limited number of suppliers. 5. If the tender documentation is not made publicly available from the date of publication of the notice referred to in paragraph 3, the procuring entity shall ensure that the tender documentation is made available at the same time to all the qualified suppliers selected in accordance with paragraph 4(c). Multi-Use Lists 6. A Party, including its procuring entities, may establish or maintain a multi-use list provided that it publishes annually, or otherwise makes continuously available by electronic means, 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 conditions for participation to be satisfied by suppliers for inclusion on the list and the methods that the procuring entity or other government agency will use to verify a supplier's satisfaction of those conditions; (c) the name and address of the procuring entity or other government agency and other information necessary to contact the procuring entity and to obtain all relevant documents relating to the list; (d) the period of validity of the list and the means for its renewal or termination or, if the period of validity is not provided, an indication of the method by which notice will be given of the termination of use of the list; (e) the deadline for submission of applications for inclusion on the list, if applicable; and (f) an indication that the list may be used for procurement covered by this Chapter, unless that indication is publicly available through information published pursuant to Article 13.5.2 (Publication of Procurement Information). 7. A Party, including its procuring entities, that establishes or maintains a multi-use list, shall include on the list, within a reasonable period of time, all suppliers that satisfy the conditions for participation set out in the notice referred to in paragraph 6. 8. If a supplier that is not included on a multi-use list submits a request for participation in a procurement based on the multi-use list and submits all required documents, within the time period provided for in Article 13.13.2 (Time Periods), a procuring entity shall examine the request. The procuring entity shall not exclude the supplier from consideration in respect of the procurement unless the procuring entity is not able to complete the examination of the request within the time period allowed for the submission of tenders. Information on Procuring Entity Decisions 9. A procuring entity or other entity of a Party shall promptly inform any supplier that submits a request for participation in a procurement or application for inclusion on a multi-use list of the decision with respect to the request or application. 10. âIfa procuring entity or other entity of a Party rejects a supplier's request for participation or application for inclusion on a multi-use list, ceases to recognize a supplier as qualified, or removes a supplier from a multi-use list, the entity shall promptly inform the supplier and on request of the supplier, promptly provide the supplier with a written explanation of the reason for its decision.

Qualification of Suppliers. Registration Systems and Qualification ProceduresSelective tendering 1. A Party, including its procuring entities, may maintain a supplier registration system under which interested suppliers are required to register and provide certain information. 2. No Party, including its procuring entities, shall: (a) adopt or apply any registration system or qualification procedure with the purpose or the effect of creating unnecessary obstacles to the participation of suppliers of the other Party in its procurement; or (b) use such registration system or qualification procedure to prevent or delay the inclusion of suppliers of the other Party on a list of suppliers or prevent those suppliers from being considered for a particular procurement. Selective Tendering 3. If Where a procuring entity intends to use selective tendering, the procuring entity shall: (a) publish a notice of intended procurement that invites suppliers to submit a request for participation in a covered procurement; and (b) include in the notice of intended procurement at least the information specified in Article 13.6.3(a)points 1, (b)2, (d)6, (g)7, (h)10, and (i) (Notices 11 of Intended Procurement). 4. The procuring entity shall: (a) publish the notice sufficiently in advance Appendix IV of the procurement ANNEX 1 to allow interested this Agreement and invite suppliers to submit a request participation in the procurement;for participation; and (b) provide, provide by the commencement of the time time-period for tendering, at least the information in Article 13.6.3 (c)points 3, (e)4, 5, 8 and (f) (Notices 9 of Intended Procurement) Appendix IV of ANNEX 1 to this Agreement to the qualified suppliers that it notifies as specified in Article 13.13.3(bparagraph 2, point (b) (Time Periods); andof Appendix VI of ANNEX 1 to this Agreement. (c) allow all 2. A procuring entity shall recognise as qualified suppliers to submit any domestic suppliers and any suppliers of the other Party that meets the conditions for participation in a tenderparticular procurement, unless the procuring entity stated states in the notice of intended procurement a any limitation on the number of suppliers that will be permitted to tender and the criteria or justification for selecting the limited number of suppliers. 53. If Where the tender documentation is not made publicly available from the date of publication of the notice referred to in paragraph 31, the a procuring entity shall ensure that the tender documentation is those documents are made available at the same time to all the qualified suppliers selected in accordance with paragraph 4(c)2. MultiSub-Use ListsAnnex 2 entities 64. A Party, including its procuring entities, entity covered under Sub-Annex 2 of Appendix I of ANNEX 1 to this Agreement may establish or maintain a multi-multi- use list of suppliers, provided that it publishes annually, or otherwise makes continuously available by electronic means, a notice inviting interested suppliers to apply for inclusion in the list is published annually, and where published by electronic means, made available continuously in the appropriate medium listed in Appendix III of ANNEX 1 to this Agreement. Such a notice shall include the information set out in Appendix V of ANNEX 1 to this Agreement. 5. Notwithstanding paragraph 4, where a multi- use list will be valid for three years or less, a procuring entity covered under Sub-Annex 2 of Appendix I of ANNEX 1 to this Agreement may publish a notice referred to in that paragraph only once, at the beginning of the period of validity of the list, provided that the notice states the period of validity and that further notices will not be published. 6. A procuring entity covered under Sub-Annex 2 of Appendix I of ANNEX 1 to this Agreement shall allow suppliers to apply at any time for inclusion on a multi- use list and shall include on the listlist all qualified suppliers within a reasonable short time. The A procuring entity covered under Sub-Annex 2 of Appendix I of ANNEX 1 to this Agreement may use a notice shall includeinviting suppliers to apply for inclusion in a multi- use list as a notice of intended procurement, provided that: (a) a description the notice is published in accordance with paragraph 4 and includes the information required by Appendix V of ANNEX 1 to this Agreement and as much of the goods information required by Appendix IV of ANNEX 1 to this Agreement as is available and services, or categories thereof, for which the list may be usedcontains a statement that it constitutes a notice of intended procurement; (b) the conditions for participation entity promptly provides to be satisfied by suppliers for inclusion on the list and the methods that the procuring entity or other government agency will use to verify a supplier's satisfaction of those conditions; (c) the name and address of the procuring entity or other government agency and other information necessary to contact the procuring entity and to obtain all relevant documents relating have expressed an interest to the list; (d) entity in a given procurement, sufficient information to permit them to assess their interest in the period procurement, including all remaining information required by Appendix IV of validity of ANNEX 1 to this Agreement, to the list and the means for its renewal or termination or, if the period of validity extent that such information is not provided, an indication of the method by which notice will be given of the termination of use of the list; (e) the deadline for submission of applications for inclusion on the list, if applicable; and (f) an indication that the list may be used for procurement covered by this Chapter, unless that indication is publicly available through information published pursuant to Article 13.5.2 (Publication of Procurement Information)available. 7. A Partyprocuring entity covered under Sub-Annex 2 of Appendix I of ANNEX 1 to this Agreement may allow a supplier that has applied for inclusion on a multi- use list in accordance with paragraph 6 to tender in a given procurement, including its where there is sufficient time for the procuring entities, that establishes or maintains a multi-use list, shall include on entity to examine whether the list, within a reasonable period of time, all suppliers that satisfy supplier satisfies the conditions for participation set out in the notice referred to in paragraph 6participation. 8. If a supplier that is not included on a multi-use list submits a request for participation in a procurement based on the multi-use list and submits all required documents, within the time period provided for in Article 13.13.2 (Time Periods), a procuring entity shall examine the request. The procuring entity shall not exclude the supplier from consideration in respect of the procurement unless the procuring entity is not able to complete the examination of the request within the time period allowed for the submission of tenders. Information on Procuring Entity Decisions 9. A procuring entity or other entity covered under Sub-Annex 2 of a Party Appendix I of ANNEX 1 to this Agreement shall promptly inform any supplier that submits a request for participation in a procurement or application for inclusion on a multi-multi- use list of the procuring entity's decision with respect to the request or applicationrequest. 109. âIfa Where a procuring entity or other entity covered under Sub-Annex 2 of a Party Appendix I of ANNEX 1 to this Agreement rejects a supplier's request for participation to qualify or application for inclusion on a multi-multi- use list, ceases to recognize recognise a supplier as qualified, or removes a supplier from a multi-multi- use list, the entity shall promptly inform the supplier and and, on request of the supplier, promptly provide the supplier with a written explanation of the reason reasons for its decision.

Qualification of Suppliers. Registration Systems and Qualification ProceduresSelective tendering 1. A Party, including its procuring entities, may maintain a supplier registration system under which interested suppliers are required to register and provide certain information. 2. No Party, including its procuring entities, shall: (a) adopt or apply any registration system or qualification procedure with the purpose or the effect of creating unnecessary obstacles to the participation of suppliers of the other Party in its procurement; or (b) use such registration system or qualification procedure to prevent or delay the inclusion of suppliers of the other Party on a list of suppliers or prevent those suppliers from being considered for a particular procurement. Selective Tendering 3. If Where a procuring entity intends to use selective tendering, the procuring entity shall: (a) publish a notice of intended procurement that invites suppliers to submit a request for participation in a covered procurement; and (b) include in the notice of intended procurement at least the information specified in Article 13.6.3(a)points 1, (b)2, (d)6, (g)7, (h)10, and (i) (Notices 11 of Intended Procurement). 4. The procuring entity shall: (a) publish the notice sufficiently in advance Appendix IV of the procurement ANNEX 1 to allow interested this Agreement and invite suppliers to submit a request participation in the procurement;for participation; and (b) provide, provide by the commencement of the time time-period for tendering, at least the information in Article 13.6.3 (c)points 3, (e)4, 5, 8 and (f) (Notices 9 of Intended Procurement) Appendix IV of ANNEX 1 to this Agreement to the qualified suppliers that it notifies as specified in Article 13.13.3(bparagraph 2, point (b) (Time Periods); andof Appendix VI of ANNEX 1 to this Agreement. (c) allow all 2. A procuring entity shall recognise as qualified suppliers to submit any domestic suppliers and any suppliers of the other Party that meets the conditions for participation in a tenderparticular procurement, unless the procuring entity stated states in the notice of intended procurement a any limitation on the number of suppliers that will be permitted to tender and the criteria or justification for selecting the limited number of suppliers. 53. If Where the tender documentation is not made publicly available from the date of publication of the notice referred to in paragraph 31, the a procuring entity shall ensure that the tender documentation is those documents are made available at the same time to all the qualified suppliers selected in accordance with paragraph 4(c)2. MultiSub-Use ListsAnnex 2 entities 64. A Party, including its procuring entities, entity covered under Sub-Annex 2 of Appendix I of ANNEX 1 to this Agreement may establish or maintain a multi-use list of suppliers, provided that it publishes annually, or otherwise makes continuously available by electronic means, a notice inviting interested suppliers to apply for inclusion in the list is published annually, and where published by electronic means, made available continuously in the appropriate medium listed in Appendix III of ANNEX 1 to this Agreement. Such a notice shall include the information set out in Appendix V of ANNEX 1 to this Agreement. 5. Notwithstanding paragraph 4, where a multi-use list will be valid for three years or less, a procuring entity covered under Sub-Annex 2 of Appendix I of ANNEX 1 to this Agreement may publish a notice referred to in that paragraph only once, at the beginning of the period of validity of the list, provided that the notice states the period of validity and that further notices will not be published. 6. A procuring entity covered under Sub-Annex 2 of Appendix I of ANNEX 1 to this Agreement shall allow suppliers to apply at any time for inclusion on a multi-use list and shall include on the listlist all qualified suppliers within a reasonable short time. The A procuring entity covered under Sub-Annex 2 of Appendix I of ANNEX 1 to this Agreement may use a notice shall includeinviting suppliers to apply for inclusion in a multi-use list as a notice of intended procurement, provided that: (a) a description the notice is published in accordance with paragraph 4 and includes the information required by Appendix V of ANNEX 1 to this Agreement and as much of the goods information required by Appendix IV of ANNEX 1 to this Agreement as is available and services, or categories thereof, for which the list may be usedcontains a statement that it constitutes a notice of intended procurement; (b) the conditions for participation entity promptly provides to be satisfied by suppliers for inclusion on the list and the methods that the procuring entity or other government agency will use to verify a supplier's satisfaction of those conditions; (c) the name and address of the procuring entity or other government agency and other information necessary to contact the procuring entity and to obtain all relevant documents relating have expressed an interest to the list; (d) entity in a given procurement, sufficient information to permit them to assess their interest in the period procurement, including all remaining information required by Appendix IV of validity of ANNEX 1 to this Agreement, to the list and the means for its renewal or termination or, if the period of validity extent that such information is not provided, an indication of the method by which notice will be given of the termination of use of the list; (e) the deadline for submission of applications for inclusion on the list, if applicable; and (f) an indication that the list may be used for procurement covered by this Chapter, unless that indication is publicly available through information published pursuant to Article 13.5.2 (Publication of Procurement Information)available. 7. A Party, including its procuring entities, that establishes or maintains a multientity covered under Sub-use list, shall include on the list, within a reasonable period Annex 2 of time, all suppliers that satisfy the conditions for participation set out in the notice referred Appendix I of ANNEX 1 to in paragraph 6. 8. If this Agreement may allow a supplier that is not included has applied for inclusion on a multi-use list submits a request for participation in accordance with paragraph 6 to tender in a procurement based on the multi-use list and submits all required documentsgiven procurement, within the where there is sufficient time period provided for in Article 13.13.2 (Time Periods), a procuring entity shall examine the request. The procuring entity shall not exclude the supplier from consideration in respect of the procurement unless the procuring entity is not able to complete examine whether the examination of supplier satisfies the request within the time period allowed conditions for the submission of tenders. Information on Procuring Entity Decisionsparticipation. 98. A procuring entity or other entity covered under Sub-Annex 2 of a Party Appendix I of ANNEX 1 to this Agreement shall promptly inform any supplier that submits a request for participation in a procurement or application for inclusion on a multi-use list of the procuring entity's decision with respect to the request or applicationrequest. 109. âIfa Where a procuring entity or other entity covered under Sub-Annex 2 of a Party Appendix I of ANNEX 1 to this Agreement rejects a supplier's request for participation to qualify or application for inclusion on a multi-use list, ceases to recognize recognise a supplier as qualified, or removes a supplier from a multi-use list, the entity shall promptly inform the supplier and and, on request of the supplier, promptly provide the supplier with a written explanation of the reason reasons for its decision.

Qualification of Suppliers. Registration Systems systems and Qualification Proceduresqualification procedures 1. A Party, including its procuring entities, may maintain a supplier registration system under which interested suppliers are required to register and provide certain information. In this case, the Party shall ensure that interested suppliers have access to information on the registration system to the extent possible, through electronic means, and that they may request registration at any time. The procuring entity shall inform them within a reasonable period of time of the decision to grant or reject this request. If the request is rejected, the decision shall be duly motivated. 2. No Each Party shall ensure that: (a) its procuring entities make efforts to minimise differences in their qualification procedures; and (b) if its procuring entities maintain registration systems, the procuring entities make efforts to minimise differences in their registration systems. 3. A Party, including its procuring entities, shall: (a) shall not adopt or apply any a registration system or qualification procedure with the purpose or the effect of creating unnecessary obstacles to the participation of suppliers of the other Party in its procurement; or (b) use such registration system or qualification procedure to prevent or delay the inclusion of suppliers of the other Party on a list of suppliers or prevent those suppliers from being considered for a particular procurement. Selective Tenderingtendering 34. If a procuring entity intends to use selective tendering, the procuring entity it shall: (a) publish a notice of intended procurement that invites suppliers to submit a request for participation in a covered procurement; and (b) include in the notice of intended procurement at least the information specified in Article 13.6.3(apoints (a), (b), (df), (g), (hj), (k) and (il) (Notices of Intended Procurement). 4. The procuring entity shall: (aArticle 160(3) publish the notice sufficiently in advance of the procurement to allow interested and invite suppliers to submit a request participation in the procurement;for participation; and (b) provide, by the commencement of the time period for tendering, at least the information specified in Article 13.6.3 points (c), (d), (e), (h) and (fi) (Notices of Intended ProcurementArticle 160(3) to the qualified suppliers that it notifies as specified in point (b) of Article 13.13.3(b) (Time Periods164(3); and. (c) 5. A procuring entity shall allow all qualified suppliers to submit participate in a tenderparticular procurement, unless the procuring entity stated states in the notice of intended procurement a any limitation on the number of qualified suppliers that will be permitted to tender and the criteria or justification for selecting the limited number of suppliers. An invitation to submit a tender shall be addressed to a number of qualified suppliers necessary to ensure effective competition. 56. If the tender documentation is not made publicly available from the date of publication of the notice referred to in point (a) of paragraph 34, the a procuring entity shall ensure that the tender documentation is made available at the same time to all the qualified suppliers selected in accordance with paragraph 4(c)5. Multi-Use Listsuse lists 67. A Party, including its procuring entities, entity may establish or maintain a multi-use list list, provided that it publishes annually, or otherwise makes continuously available by electronic means, a notice inviting interested suppliers to apply for inclusion on the listlist is: (a) published annually in the appropriate medium listed in Section 6 of Annex 9; and (b) if published by electronic means, made available continuously in the appropriate medium listed in Section 6 of Annex 9. 8. The notice provided for in paragraph 7 shall include: (a) a description of the goods and or services, or categories thereof, for which the list may be used; (b) the conditions for participation to be satisfied by suppliers for inclusion on the list and the methods that the procuring entity or other government agency will use to verify that a supplier's satisfaction of those supplier satisfies the conditions; (c) the name and address of the procuring entity or other government agency and other information necessary to contact the procuring entity and to obtain all relevant documents relating to the list; (d) the period of validity of the list and the means for its renewal or termination ortermination, or if the period of validity is not provided, an indication of the method by which notice will be given of the termination of use of the list; (e) the deadline for submission of applications for inclusion on the list, if applicable; and (fe) an indication that the list may be used for procurement the covered by this Chapter, unless that indication is publicly available through information published pursuant to Article 13.5.2 (Publication of Procurement Information)procurement. 9. Notwithstanding paragraph 7. A Party, including its procuring entities, that establishes or maintains if a multi-use listlist will be valid for three years or less, shall include on the list, within a reasonable period of time, all suppliers that satisfy the conditions for participation set out in procuring entity may publish the notice referred to in paragraph 67 only once, at the beginning of the period of validity of the list, provided that the notice: (a) states the period of validity of the list and states that further notices will not be published; and (b) is published by electronic means and is made available continuously during the period of its validity in the appropriate medium listed in Section 6 of Annex 9. 810. A procuring entity shall allow suppliers to apply at any time for inclusion on a multi-use list and shall include on the list all qualified suppliers within a reasonably short time. 11. If a supplier that is not included on a multi-use list submits a request for participation in a procurement based on the a multi-use list and submits all required documents, within the time period provided for in Article 13.13.2 (Time Periods164(2), a procuring entity shall examine the request. The procuring entity shall not exclude the supplier from consideration in respect of the procurement unless on the grounds that the procuring entity does not have sufficient time to examine the request, unless, in exceptional cases, due to the complexity of the procurement, the procuring entity is not able to complete the examination of the request within the time period allowed for the submission of tenders. Information on Procuring Entity Decisions 9entities covered by Sections 2 and 3 of Annex 9 12. A procuring entity or other entity covered under Sections 2 and 3 of Annex 9 may use a Party shall promptly inform any supplier that submits a request for participation in a procurement or application notice inviting interested suppliers to apply for inclusion on a multi-use list as a notice of intended procurement, provided that: (a) the notice is published in accordance with paragraph 7 of this Article and includes the information required under paragraph 8 of this Article, as much of the decision with respect to information required under Article 160(2) as is available and a statement that it constitutes a notice of intended procurement or that only the request or application. 10. âIfa procuring entity or other entity suppliers on the multi-use list will receive further notices of a Party rejects a supplier's request for participation or application for inclusion on a procurement covered by the multi-use list; and (b) the procuring entity promptly provides to suppliers that have expressed an interest in a given procurement, ceases sufficient information to recognize a supplier as qualifiedpermit them to assess their interest in the procurement, or removes a supplier from a multi-use listincluding all remaining information required under Article 160(2), to the entity shall promptly inform the supplier and on request of the supplier, promptly provide the supplier with a written explanation of the reason for its decisionextent such information is available.