Common use of Sufficient Economic and Financial Capacity Clause in Contracts

Sufficient Economic and Financial Capacity. 1.1 Sufficient turn-over Minimum Standard Minimum average annual turnover of 50,000 EUR during the past three financial years 2.1 Sufficient experience in similar supplies and installation. Minimum Standard Minimum of 1 assignment within the scope of the contract, which was totally and successfully completed in the last 3 years. A tenderer may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which he has with these entities. In that case, the following rules apply: • Where an economic operator wants to rely on the capacities of other entities, it shall prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing a commitment by those entities to that effect. • The contracting authority shall verify whether the entities on whose capacity the economic operator intends to rely fulfil the relevant selection criteria and whether there are grounds for exclusion. • Where an economic operator relies on the capacities of other entities with regard to criteria relating to economic and financial standing, the contracting authority may require that the economic operator and those entities be jointly liable for the execution of the contract. • The contracting authority may require certain essential tasks to be carried out directly by the tenderer himself or, if the tender is submitted by a group of economic operators, by a member of the said group. Under the same conditions, a group of candidates or tenderers may submit the capacities of the group’s participants or of other entities. The tenders submitted by the selected tenderers will be evaluated as to formal and material regularity. The tenders must be drawn up in such a way that the contracting authority can make a selection without starting negotiations with the tenderer. For this reason, and in order to be able to assess the tenders fairly, it is essential that the tenders be completely in conformity with the provisions of the Tender Specifications, both formally and materially. The substantially irregular tenders are rejected. A substantial irregularity is such as to give a discriminatory advantage to the tenderer, to distort competition, to prevent the evaluation of the tenderer's tender or its comparison with the other tenders, or to render non-existent, incomplete or uncertain the commitment of the tenderer to perform the contract under the conditions laid down. The following irregularities are deemed substantial: 1° if applicable, failure to comply with environmental, social or labour law, provided that such non-compliance is punishable by law; 2° failure to comply with the requirements of Articles 38, 42, 43, §1, 44, 48, §2, clause 1, 1alinéa 1er, 54, §2, 55, 83 and 92 of the Royal Decree of 18 April 2017 and of Article 14 of the Law, insofar as they contain obligations vis-à-vis the tenderers; 3° failure to comply with the minimum requirements and the requirements that are indicated in the technical specifications; 4° tenders that do not bear an original handwritten signature on the tender form. The contracting authority will also declare void any tender that is affected by several non- substantial irregularities which, by reason of their accumulation or combination, are capable of having the same effect as described above (in accordance with Article 76 of the Royal Decree of 18 April 2017).

Sufficient Economic and Financial Capacity. 1.1 Sufficient turn-over Minimum Standard Minimum average annual turnover of 50,000 25 000 EUR during the past three five financial years 2.1 Sufficient experience in similar supplies and installation. the subject-matter of the lot Minimum Standard Minimum of 1 assignment within 3 assignments similar in nature and complexity to the scope subject of the contractthis Contract and each of a value of at least 25 000 EUR, which was were totally and successfully completed in the last 3 5 years. . 2.2 Sufficient human resources Minimum Standard Minimum of 1 Staff Member for each of the Profiles defined in the Technical Specifications 2.3 Sufficient technical equipment Minimum Minimum of equipment as per the quantities per type as defined in the Standard technical specifications A tenderer may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which he has with these entities. In that case, the following rules apply: •  Where an economic operator wants to rely on the capacities of other entities, it shall prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing a commitment by those entities to that effect. •  The contracting authority shall verify whether the entities on whose capacity the economic operator intends to rely fulfil the relevant selection criteria and whether there are grounds for exclusion. •  Where an economic operator relies on the capacities of other entities with regard to criteria relating to economic and financial standing, the contracting authority may require that the economic operator and those entities be jointly liable for the execution of the contract. •  The contracting authority may require certain essential tasks to be carried out directly by the tenderer himself or, if the tender is submitted by a group of economic operators, by a member of the said group. Under the same conditions, a group of candidates or tenderers may submit the capacities of the group’s participants or of other entities. The tenders submitted by the selected tenderers will be evaluated as to formal and material regularity. The Irregular tenders must will be drawn up in such a way that the contracting authority can make a selection without starting negotiations with the tenderer. For this reason, and in order to be able to assess the tenders fairly, it is essential that the tenders be completely in conformity with the provisions of the Tender Specifications, both formally and materially. The substantially irregular tenders are rejected. A substantial irregularity is such as to give a discriminatory advantage to the tenderer, to distort competition, to prevent the evaluation of the tenderer's tender or its comparison with the other tenders, or to render non-existent, incomplete or uncertain the commitment of the tenderer to perform the contract under the conditions laid down. The following irregularities are deemed substantial: 1° if applicable, failure to comply with environmental, social or labour law, provided that such non-compliance is punishable by law; 2° failure to comply with the requirements of Articles 38, 42, 43, §1, 44, 48, §2, clause 1, 1alinéa 1er, 54, §2, 55, 83 and 92 of the Royal Decree of 18 April 2017 and of Article 14 of the Law, insofar as they contain obligations vis-à-vis the tenderers; 3° failure to comply with the minimum requirements and the requirements that are indicated in the technical specifications; 4° tenders that do not bear an original handwritten signature on the tender form. The contracting authority will also declare void any reserves the right to have the irregularities in the tenderers’ tender that is affected by several non- substantial irregularities which, by reason of their accumulation or combination, are capable of having regularised during the same effect as described above (in accordance with Article 76 of the Royal Decree of 18 April 2017)negotiations.

Sufficient Economic and Financial Capacity. 1.1 Sufficient turn-over Minimum Standard Lot 1: Minimum average annual turnover of 50,000 EUR 120,000,000 UGX during the past three financial years Lot 2: Minimum average annual turnover of 48,000,000 UGX during the past three financial years 2.1 Sufficient experience in similar supplies office desks and installation. office chairs Minimum Standard Minimum of 1 assignment 2 assignments within the scope of the contracteach lot, which was were totally and successfully completed in the last 3 years. A tenderer may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which he has with these entities. In that case, the following rules apply: • Where an economic operator wants to rely on the capacities of other entities, it shall prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing a commitment by those entities to that effect. • The contracting authority shall verify whether the entities on whose capacity the economic operator intends to rely fulfil the relevant selection criteria and whether there are grounds for exclusion. • Where an economic operator relies on the capacities of other entities with regard to criteria relating to economic and financial standing, the contracting authority may require that the economic operator and those entities be jointly liable for the execution of the contract. • The contracting authority may require certain essential tasks to be carried out directly by the tenderer himself or, if the tender is submitted by a group of economic operators, by a member of the said group. Under the same conditions, a group of candidates or tenderers may submit the capacities of the group’s participants or of other entities. The tenders submitted by the selected tenderers will be evaluated as to formal and material regularity. The Irregular tenders must will be drawn up in such a way that the contracting authority can make a selection without starting negotiations with the tenderer. For this reason, and in order to be able to assess the tenders fairly, it is essential that the tenders be completely in conformity with the provisions of the Tender Specifications, both formally and materially. The substantially irregular tenders are rejected. A substantial irregularity is such as to give a discriminatory advantage to the tenderer, to distort competition, to prevent the evaluation of the tenderer's tender or its comparison with the other tenders, or to render non-existent, incomplete or uncertain the commitment of the tenderer to perform the contract under the conditions laid down. The following irregularities are deemed substantial: 1° if applicable, failure to comply with environmental, social or labour law, provided that such non-compliance is punishable by law; 2° failure to comply with the requirements of Articles 38, 42, 43, §1, 44, 48, §2, clause 1, 1alinéa 1er, 54, §2, 55, 83 and 92 of the Royal Decree of 18 April 2017 and of Article 14 of the Law, insofar as they contain obligations vis-à-vis the tenderers; 3° failure to comply with the minimum requirements and the requirements that are indicated in the technical specifications; 4° tenders that do not bear an original handwritten signature on the tender form. The contracting authority will also declare void any reserves the right to have the irregularities in the tenderers’ tender that is affected by several non- substantial irregularities which, by reason of their accumulation or combination, are capable of having regularised during the same effect as described above (in accordance with Article 76 of the Royal Decree of 18 April 2017)negotiations.

Sufficient Economic and Financial Capacity. 1.1 Sufficient turn-over Minimum Standard Minimum average annual turnover of 50,000 10,000 EUR during the past three financial years 2.1 Sufficient experience in similar supplies and installation. mapping Minimum Standard Minimum of 1 assignment 2 assignments within the scope of the contract, which was were totally and successfully completed in the last 3 years. A tenderer may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which he has with these entities. In that case, the following rules apply: • Where an economic operator wants to rely on the capacities of other entities, it shall prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing a commitment by those entities to that effect. • The contracting authority shall verify whether the entities on whose capacity the economic operator intends to rely fulfil the relevant selection criteria and whether there are grounds for exclusion. • Where an economic operator relies on the capacities of other entities with regard to criteria relating to economic and financial standing, the contracting authority may require that the economic operator and those entities be jointly liable for the execution of the contract. • The contracting authority may require certain essential tasks to be carried out directly by the tenderer himself or, if the tender is submitted by a group of economic operators, by a member of the said group. Under the same conditions, a group of candidates or tenderers may submit the capacities of the group’s participants or of other entities. The tenders submitted by the selected tenderers will be evaluated as to formal and material regularity. The Irregular tenders must will be drawn up in such a way that the contracting authority can make a selection without starting negotiations with the tenderer. For this reason, and in order to be able to assess the tenders fairly, it is essential that the tenders be completely in conformity with the provisions of the Tender Specifications, both formally and materially. The substantially irregular tenders are rejected. A substantial irregularity is such as to give a discriminatory advantage to the tenderer, to distort competition, to prevent the evaluation of the tenderer's tender or its comparison with the other tenders, or to render non-existent, incomplete or uncertain the commitment of the tenderer to perform the contract under the conditions laid down. The following irregularities are deemed substantial: 1° if applicable, failure to comply with environmental, social or labour law, provided that such non-compliance is punishable by law; 2° failure to comply with the requirements of Articles 38, 42, 43, §1, 44, 48, §2, clause 1, 1alinéa 1er, 54, §2, 55, 83 and 92 of the Royal Decree of 18 April 2017 and of Article 14 of the Law, insofar as they contain obligations vis-à-vis the tenderers; 3° failure to comply with the minimum requirements and the requirements that are indicated in the technical specifications; 4° tenders that do not bear an original handwritten signature on the tender form. The contracting authority will also declare void any reserves the right to have the irregularities in the tenderers’ tender that is affected by several non- substantial irregularities which, by reason of their accumulation or combination, are capable of having regularised during the same effect as described above (in accordance with Article 76 of the Royal Decree of 18 April 2017)negotiations.

Sufficient Economic and Financial Capacity. 1.1 Sufficient turn-over Minimum Standard Lot 1: Minimum average annual turnover of 50,000 EUR during the past three financial years Lot 2: Minimum average annual turnover of 50,000 EUR during the past three financial years 2.1 Sufficient experience in similar supplies and installation. solar system works Minimum Standard Minimum of 1 assignment 2 assignments within the scope of the contractLot, which was were totally and successfully completed in the last 3 years, out of which at least 1 was completed in Uganda. Each of the similar works shall be at least 50,000 Euro A tenderer may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which he has with these entities. In that case, the following rules apply: • Where an economic operator wants to rely on the capacities of other entities, it shall prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing a commitment by those entities to that effect. • The contracting authority shall verify whether the entities on whose capacity the economic operator intends to rely fulfil the relevant selection criteria and whether there are grounds for exclusion. • Where an economic operator relies on the capacities of other entities with regard to criteria relating to economic and financial standing, the contracting authority may require that the economic operator and those entities be jointly liable for the execution of the contract. • The contracting authority may require certain essential tasks to be carried out directly by the tenderer himself or, if the tender is submitted by a group of economic operators, by a member of the said group. Under the same conditions, a group of candidates or tenderers may submit the capacities of the group’s participants or of other entities. The tenders submitted by the selected tenderers will be evaluated as to formal and material regularity. The Irregular tenders must will be drawn up in such a way that the contracting authority can make a selection without starting negotiations with the tenderer. For this reason, and in order to be able to assess the tenders fairly, it is essential that the tenders be completely in conformity with the provisions of the Tender Specifications, both formally and materially. The substantially irregular tenders are rejected. A substantial irregularity is such as to give a discriminatory advantage to the tenderer, to distort competition, to prevent the evaluation of the tenderer's tender or its comparison with the other tenders, or to render non-existent, incomplete or uncertain the commitment of the tenderer to perform the contract under the conditions laid down. The following irregularities are deemed substantial: 1° if applicable, failure to comply with environmental, social or labour law, provided that such non-compliance is punishable by law; 2° failure to comply with the requirements of Articles 38, 42, 43, §1, 44, 48, §2, clause 1, 1alinéa 1er, 54, §2, 55, 83 and 92 of the Royal Decree of 18 April 2017 and of Article 14 of the Law, insofar as they contain obligations vis-à-vis the tenderers; 3° failure to comply with the minimum requirements and the requirements that are indicated in the technical specifications; 4° tenders that do not bear an original handwritten signature on the tender form. The contracting authority will also declare void any reserves the right to have the irregularities in the tenderers’ tender that is affected by several non- substantial irregularities which, by reason of their accumulation or combination, are capable of having regularised during the same effect as described above (in accordance with Article 76 of the Royal Decree of 18 April 2017)negotiations.

Sufficient Economic and Financial Capacity. 1.1 Sufficient turn-over Minimum Standard Minimum average annual turnover of 50,000 EUR during the past three financial yearsyears shall be as follows; • 20,000 Euros for lot 1 • 80,000 Euros for lot 2 2.1 Sufficient experience in similar supplies and installation. Minimum Standard Minimum of 1 assignment 2 assignments within the scope of the contract, which was were totally and successfully completed in the last 3 years, out of which at least 1 was completed in Uganda. A tenderer may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which he has with these entities. In that case, the following rules apply: • Where an economic operator wants to rely on the capacities of other entities, it shall prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing a commitment by those entities to that effect. • The contracting authority shall verify whether the entities on whose capacity the economic operator intends to rely fulfil the relevant selection criteria and whether there are grounds for exclusion. • Where an economic operator relies on the capacities of other entities with regard to criteria relating to economic and financial standing, the contracting authority may require that the economic operator and those entities be jointly liable for the execution of the contract. • The contracting authority may require certain essential tasks to be carried out directly by the tenderer himself or, if the tender is submitted by a group of economic operators, by a member of the said group. Under the same conditions, a group of candidates or tenderers may submit the capacities of the group’s participants or of other entities. The tenders submitted by the selected tenderers will be evaluated as to formal and material regularity. The Irregular tenders must will be drawn up in such a way that the contracting authority can make a selection without starting negotiations with the tenderer. For this reason, and in order to be able to assess the tenders fairly, it is essential that the tenders be completely in conformity with the provisions of the Tender Specifications, both formally and materially. The substantially irregular tenders are rejected. A substantial irregularity is such as to give a discriminatory advantage to the tenderer, to distort competition, to prevent the evaluation of the tenderer's tender or its comparison with the other tenders, or to render non-existent, incomplete or uncertain the commitment of the tenderer to perform the contract under the conditions laid down. The following irregularities are deemed substantial: 1° if applicable, failure to comply with environmental, social or labour law, provided that such non-compliance is punishable by law; 2° failure to comply with the requirements of Articles 38, 42, 43, §1, 44, 48, §2, clause 1, 1alinéa 1er, 54, §2, 55, 83 and 92 of the Royal Decree of 18 April 2017 and of Article 14 of the Law, insofar as they contain obligations vis-à-vis the tenderers; 3° failure to comply with the minimum requirements and the requirements that are indicated in the technical specifications; 4° tenders that do not bear an original handwritten signature on the tender form. The contracting authority will also declare void any reserves the right to have the irregularities in the tenderers’ tender that is affected by several non- substantial irregularities which, by reason of their accumulation or combination, are capable of having regularised during the same effect as described above (in accordance with Article 76 of the Royal Decree of 18 April 2017)negotiations.

Sufficient Economic and Financial Capacity. 1.1 Sufficient turn-over Tender Specifications reference number: UGA1402711-10115 Minimum Standard Minimum average annual turnover of 50,000 55,000 EUR during the past three financial years 2.1 Sufficient experience in similar providing branded supplies and installation. Minimum Standard Minimum of 1 assignment 2 assignments within the scope of the contract, which was were totally and successfully completed in the last 3 years, out of which at least 1 was completed in Uganda. A tenderer may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which he has with these entities. In that case, the following rules apply: • Where an economic operator wants to rely on the capacities of other entities, it shall prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing a commitment by those entities to that effect. • The contracting authority shall verify whether the entities on whose capacity the economic operator intends to rely fulfil the relevant selection criteria and whether there are grounds for exclusion. • Where an economic operator relies on the capacities of other entities with regard to criteria relating to economic and financial standing, the contracting authority may require that the economic operator and those entities be jointly liable for the execution of the contract. • The contracting authority may require certain essential tasks to be carried out directly by the tenderer himself or, if the tender is submitted by a group of economic operators, by a member of the said group. Under the same conditions, a group of candidates or tenderers may submit the capacities of the group’s participants or of other entities. The tenders submitted by the selected tenderers will be evaluated as to formal and material regularity. The Irregular tenders must will be drawn up in such a way that the contracting authority can make a selection without starting negotiations with the tenderer. For this reason, and in order to be able to assess the tenders fairly, it is essential that the tenders be completely in conformity with the provisions of the Tender Specifications, both formally and materially. The substantially irregular tenders are rejected. A substantial irregularity is such as to give a discriminatory advantage to the tenderer, to distort competition, to prevent the evaluation of the tenderer's tender or its comparison with the other tenders, or to render non-existent, incomplete or uncertain the commitment of the tenderer to perform the contract under the conditions laid down. The following irregularities are deemed substantial: 1° if applicable, failure to comply with environmental, social or labour law, provided that such non-compliance is punishable by law; 2° failure to comply with the requirements of Articles 38, 42, 43, §1, 44, 48, §2, clause 1, 1alinéa 1er, 54, §2, 55, 83 and 92 of the Royal Decree of 18 April 2017 and of Article 14 of the Law, insofar as they contain obligations vis-à-vis the tenderers; 3° failure to comply with the minimum requirements and the requirements that are indicated in the technical specifications; 4° tenders that do not bear an original handwritten signature on the tender form. The contracting authority will also declare void any reserves the right to have the irregularities in the tenderers’ tender that is affected by several non- substantial irregularities which, by reason of their accumulation or combination, are capable of having regularised during the same effect as described above (in accordance with Article 76 of the Royal Decree of 18 April 2017)negotiations.

Sufficient Economic and Financial Capacity. 1.1 Sufficient turn-over Minimum Standard Minimum average annual turnover of 50,000 EUR 30,000 Euros during the past three financial years 2.1 Sufficient experience in similar supplies and installation. Minimum Standard Minimum of 1 assignment 3 similar assignments within the scope of the contract, which was were totally and successfully completed in the last 3 years. . 2.2 Sufficient and qualified human resource Minimum standard Cvs of the experts for each of the profile defined in the technical specification A tenderer may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which he has with these entities. In that case, the following rules apply: • Where an economic operator wants to rely on the capacities of other entities, it shall prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing a commitment by those entities to that effect. • The contracting authority shall verify whether the entities on whose capacity the economic operator intends to rely fulfil the relevant selection criteria and whether there are grounds for exclusion. • Where an economic operator relies on the capacities of other entities with regard to criteria relating to economic and financial standing, the contracting authority may require that the economic operator and those entities be jointly liable for the execution of the contract. • The contracting authority may require certain essential tasks to be carried out directly by the tenderer himself or, if the tender is submitted by a group of economic operators, by a member of the said group. Under the same conditions, a group of candidates or tenderers may submit the capacities of the group’s participants or of other entities. The tenders submitted by the selected tenderers will shall be evaluated as to formal and material regularity. The Irregular tenders must will be drawn up in such a way that the contracting authority can make a selection without starting negotiations with the tenderer. For this reason, and in order to be able to assess the tenders fairly, it is essential that the tenders be completely in conformity with the provisions of the Tender Specifications, both formally and materially. The substantially irregular tenders are rejected. A substantial irregularity is such as to give a discriminatory advantage to the tenderer, to distort competition, to prevent the evaluation of the tenderer's tender or its comparison with the other tenders, or to render non-existent, incomplete or uncertain the commitment of the tenderer to perform the contract under the conditions laid down. The following irregularities are deemed substantial: 1° if applicable, failure to comply with environmental, social or labour law, provided that such non-compliance is punishable by law; 2° failure to comply with the requirements of Articles 38, 42, 43, §1, 44, 48, §2, clause 1, 1alinéa 1er, 54, §2, 55, 83 and 92 of the Royal Decree of 18 April 2017 and of Article 14 of the Law, insofar as they contain obligations vis-à-vis the tenderers; 3° failure to comply with the minimum requirements and the requirements that are indicated in the technical specifications; 4° tenders that do not bear an original handwritten signature on the tender form. The contracting authority will also declare void any reserves the right to have the irregularities in the tenderers’ tender that is affected by several non- substantial irregularities which, by reason of their accumulation or combination, are capable of having regularised during the same effect as described above (in accordance with Article 76 of the Royal Decree of 18 April 2017)negotiations.

Sufficient Economic and Financial Capacity. 1.1 Sufficient turn-over Minimum Standard Lot 1: Minimum average annual turnover of 50,000 75,000 EUR during the past three financial years Lot 2: Minimum average annual turnover of 10,000EUR during the past three financial years Lot 3: Minimum average annual turnover of 15,000 EUR during the past three financial years Lot 4: Minimum average annual turnover of 5,000 EUR during the past three financial years 2.1 Sufficient experience in similar supplies and installation. Minimum Standard Minimum of 1 assignment 2 assignments within the scope of the contracteach lot tendered for, which was were totally and successfully completed in the last 3 years. , providing transportation services to an international organisation or public entity 2.2 Sufficient human resources Minimum Standard Minimum of 2 drivers for lot 1,2,3 and 1 driver for lot 4, if tendered for and as defined in the technical Specifications 2.3 Sufficient vehicles Minimum Standard Minimum of 3 vehicles for lot 1,2,3 and 1 vehicle for lot 4, if tendered for and as defined in the technical specifications 3 Sufficient legal capacity Minimum Standard Legally authorized to provide transportation services A tenderer may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which he has with these entities. In that case, the following rules apply: • Where an economic operator wants to rely on the capacities of other entities, it shall prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing a commitment by those entities to that effect. • The contracting authority shall verify whether the entities on whose capacity the economic operator intends to rely fulfil the relevant selection criteria and whether there are grounds for exclusion. • Where an economic operator relies on the capacities of other entities with regard to criteria relating to economic and financial standing, the contracting authority may require that the economic operator and those entities be jointly liable for the execution of the contract. • The contracting authority may require certain essential tasks to be carried out directly by the tenderer himself or, if the tender is submitted by a group of economic operators, by a member of the said group. Under the same conditions, a group of candidates or tenderers may submit the capacities of the group’s participants or of other entities. The tenders submitted by the selected tenderers will be evaluated as to formal and material regularity. The Irregular tenders must will be drawn up in such a way that the contracting authority can make a selection without starting negotiations with the tenderer. For this reason, and in order to be able to assess the tenders fairly, it is essential that the tenders be completely in conformity with the provisions of the Tender Specifications, both formally and materially. The substantially irregular tenders are rejected. A substantial irregularity is such as to give a discriminatory advantage to the tenderer, to distort competition, to prevent the evaluation of the tenderer's tender or its comparison with the other tenders, or to render non-existent, incomplete or uncertain the commitment of the tenderer to perform the contract under the conditions laid down. The following irregularities are deemed substantial: 1° if applicable, failure to comply with environmental, social or labour law, provided that such non-compliance is punishable by law; 2° failure to comply with the requirements of Articles 38, 42, 43, §1, 44, 48, §2, clause 1, 1alinéa 1er, 54, §2, 55, 83 and 92 of the Royal Decree of 18 April 2017 and of Article 14 of the Law, insofar as they contain obligations vis-à-vis the tenderers; 3° failure to comply with the minimum requirements and the requirements that are indicated in the technical specifications; 4° tenders that do not bear an original handwritten signature on the tender form. The contracting authority will also declare void any reserves the right to have the irregularities in the tenderers’ tender that is affected by several non- substantial irregularities which, by reason of their accumulation or combination, are capable of having regularised during the same effect as described above (in accordance with Article 76 of the Royal Decree of 18 April 2017)negotiations.

Sufficient Economic and Financial Capacity. 1.1 Sufficient turn-over Minimum Standard Minimum average annual turnover of 50,000 50 000 EUR during the past three five financial years 2.1 Sufficient experience in similar supplies and installation. the supply of goods Minimum Standard Minimum of 1 assignment 2 assignments within the scope of the contract, which was were totally and successfully completed in the last 3 5 years. A tenderer may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which he has with these entities. In that case, the following rules apply: •  Where an economic operator wants to rely on the capacities of other entities, it shall prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing a commitment by those entities to that effect. •  The contracting authority shall verify whether the entities on whose capacity the economic operator intends to rely fulfil the relevant selection criteria and whether there are grounds for exclusion. •  Where an economic operator relies on the capacities of other entities with regard to criteria relating to economic and financial standing, the contracting authority may require that the economic operator and those entities be jointly liable for the execution of the contract. • Tender Specifications reference number: UGA1503111-10025  The contracting authority may require certain essential tasks to be carried out directly by the tenderer himself or, if the tender is submitted by a group of economic operators, by a member of the said group. Under the same conditions, a group of candidates or tenderers may submit the capacities of the group’s participants or of other entities. The tenders submitted by the selected tenderers will be evaluated as to formal and material regularity. The Irregular tenders must will be drawn up in such a way that the contracting authority can make a selection without starting negotiations with the tenderer. For this reason, and in order to be able to assess the tenders fairly, it is essential that the tenders be completely in conformity with the provisions of the Tender Specifications, both formally and materially. The substantially irregular tenders are rejected. A substantial irregularity is such as to give a discriminatory advantage to the tenderer, to distort competition, to prevent the evaluation of the tenderer's tender or its comparison with the other tenders, or to render non-existent, incomplete or uncertain the commitment of the tenderer to perform the contract under the conditions laid down. The following irregularities are deemed substantial: 1° if applicable, failure to comply with environmental, social or labour law, provided that such non-compliance is punishable by law; 2° failure to comply with the requirements of Articles 38, 42, 43, §1, 44, 48, §2, clause 1, 1alinéa 1er, 54, §2, 55, 83 and 92 of the Royal Decree of 18 April 2017 and of Article 14 of the Law, insofar as they contain obligations vis-à-vis the tenderers; 3° failure to comply with the minimum requirements and the requirements that are indicated in the technical specifications; 4° tenders that do not bear an original handwritten signature on the tender form. The contracting authority will also declare void any reserves the right to have the irregularities in the tenderers’ tender that is affected by several non- substantial irregularities which, by reason of their accumulation or combination, are capable of having regularised during the same effect as described above (in accordance with Article 76 of the Royal Decree of 18 April 2017)negotiations.