Article VIII Conditions for Participation

1.

2.

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.

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.

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.