|CHAPTER 3 of 2005 - PUBLIC PROCUREMENT AND DISPOSAL ACT | HOME|
|31. Qualifications to be awarded contract.|
|Procurement not to be split or inflated.||Pre-qualification procedures.|
|Qualifications to be awarded contract.||31. (1) A person is qualified to be awarded a contract for a procurement only if the person satisfies the following criteria —
(a) the person has the necessary qualifications, capability, experience, resources, equipment and facilities to provide what is being procured;
(b) the person has the legal capacity to enter into a contract for the procurement;
(c) the person is not insolvent, in receivership, bankrupt or in the process of being wound up and is not the subject of legal proceedings relating to the foregoing;
(d) the procuring entity is not precluded from entering into the contract with the person under section 33;
(e) the person is not debarred from participating in procurement proceedings under Part IX.
(2) The procuring entity may require a person to provide evidence or information to establish that the criteria under subsection (1) are satisfied.
(3) The criteria under subsection (1) and any requirements under subsection (2) shall be set out in the tender documents or the request for proposals or quotations or, if a procedure is used to pre-qualify persons, in the documents used in that procedure.
(4) The procuring entity shall determine whether a person is qualified and that determination shall be done using the criteria and requirements set out in the documents or requests described in subsection (3).
(5) The procuring entity may disqualify a person for submitting false, inaccurate or incomplete information about his qualifications.
(6) No person shall be excluded from submitting a tender, proposal or quotation in procurement proceedings except under this section and under section 39.
(7) Procuring entities shall use creative approaches, such as design and build in order to enhance efficiency of the procurement process and project implementation.