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(1) A tenderer in public procurement shall

(a) possess the necessary

(i) professional and technical qualifications and competence;

(ii) financial resources;

(iii) equipment and other physical facilities;

(iv) managerial capability, reliability, experience in the procurement object and reputation; and

(v) the personnel to perform the procurement contract;

(b) have the legal capacity to enter the contract;

(c) be solvent, not be in receivership, bankrupt or in the process of being wound up, not have its business activities suspended and not be the subject of legal proceedings that would materially affect its capacity to enter into a contract;

(d) have fulfilled its obligations to pay taxes and social security contributions and any paid compensation due for damage caused to property by pollution;

(e) have directors or officers who have not in any country been

(i) convicted of any criminal offence relating to their professional conduct or to making false statements or misrepresentations as to their qualifications to enter into a procurement contract, within a period of ten years preceding the commencement of the procurement proceedings; or

(ii) disqualified pursuant to administrative suspension or disbarment proceedings.

(f) meet such other criteria as the procurement entity considers appropriate.

(2) The procurement entity may require tenderers to provide appropriate documentary evidence or other information that it considers useful to satisfy itself that the tenderers are qualified in accordance with the criteria referred to in subsection (1).

(3) Any requirement established pursuant to this section stated in the tender documents or other documents for invitation of proposals shall apply equally to the tenderers.

(4) The procurement entity shall evaluate the qualifications of candidates in accordance with the criteria and procedures stated in the documents referred to in subsection (3).

(5) The procurement entity shall disqualify a tenderer who submits a document containing false information for purposes of qualification.

(6) The procurement entity may disqualify a candidate if it finds at any time that the information submitted concerning the qualifications of the candidate was materially inaccurate or materially incomplete.