Common use of Conditions for Participation Clause in Contracts

Conditions for Participation. 1. A procuring entity shall limit any conditions for participation in a procurement to those that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake the relevant procurement. 2. In establishing the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a given Party; and (b) may require relevant prior experience where essential to meet the requirements of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entity: (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcy; (b) false declarations; (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts; (d) final judgments in respect of serious crimes or other serious offences; (e) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or (f) failure to pay taxes.

Conditions for Participation. 1. A procuring entity shall limit any conditions for participation in a covered procurement to those conditions that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake fulfil the relevant requirements of that procurement. 2. In establishing the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a given Party or that the supplier has prior work experience in the territory of that Party; and (b) may require relevant prior experience where if essential to meet the requirements of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entityentity shall: (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's ’s business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation solely on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. Where If there is supporting evidencematerial, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcybankruptcy or insolvency; (b) false declarations; (c) significant or persistent deficiencies in the performance of any substantive requirement or obligation under a prior contract or contracts; ; or (d) final judgments in respect of serious crimes or other serious offences; (e) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or (f) failure to pay taxes.

Conditions for Participation. 1. A procuring entity shall limit any conditions for participation in a covered procurement to those conditions that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake fulfil the relevant requirements of that procurement. 2. In establishing the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a given Party or that the supplier has prior work experience in the territory of that Party; and (b) may require relevant prior experience where if essential to meet the requirements of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entityentity shall: (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation solely on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. Where If there is supporting evidencematerial, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcybankruptcy or insolvency; (b) false declarations; (c) significant or persistent deficiencies in the performance of any substantive requirement or obligation under a prior contract or contracts; (d) final judgments in respect of serious crimes or other serious offences; (e) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or (fd) failure to pay taxes.

Conditions for Participation. 1. A procuring entity shall limit any conditions for participation in a covered procurement to those that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake the relevant procurement. 2. In establishing the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a given Party or that the supplier has prior work experience in the territory of that Party; and (b) may require relevant prior experience where if essential to meet the requirements of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entityentity shall: (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. Where If there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcy; (b) false declarations; (c) significant or persistent deficiencies in the performance of any substantive requirement or obligation under a prior contract or contracts; (d) final judgments in respect of serious crimes or other serious offences; (e) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or (f) failure to pay taxes.

Conditions for Participation. 1. A procuring entity shall limit any conditions for participation in a covered procurement to those that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake the relevant that procurement. 2. In establishing the conditions for participation, a procuring entity: (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a given Party or that the supplier has prior work experience in the territory of that Party; and; (b) may require relevant prior experience where essential to meet the requirements of the procurement. 3. In assessing whether a supplier satisfies the conditions for participation, a procuring entity: (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and (b) shall base its evaluation solely on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as: (a) bankruptcy; (b) false declarations; (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts; (d) final judgments by a judicial court in respect of serious crimes or other serious offences; (e) evidence of serious professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the suppliermisconduct; or (f) failure to pay taxes.