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Article VIII Overeenkomst inzake overheidsopdrachten

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.

Regeling
Overeenkomst inzake overheidsopdrachten
Soort
Verdrag
Geldend vanaf
04-07-2014
BWB-id
BWBV0001159
Versie
2014-07-04_0

In de hele regeling · Officiële tekst op wetten.overheid.nl