Open tendering procedure

(1) Whenever the Government decides to enter into a contract using the open tendering procedure, the Government shall ensure that, 26 (a) any conditions for participation in the tendering procedure for the procurement or sale in question are published in adequate time to enable any interested supplier or purchaser, as the case maybe, to initiate and, to the extent that it is compatible with the efficient operation of the procurement or sale process, complete the applicable qualification (b) any conditions for participation in the tendering procedure are limited to those which are essential to ensure the supplier’s or purchaser’s capacity to fulfill the contract in question; (c) any conditions for participation in the tendering procedure (including the provision of guarantee, technical qualifications and information necessary to ascertain the financial, commercial and technical capacity of a supplier or purchaser, as the case may be, as well as the verification of qualifications) do not discriminate against any applicable supplier or purchaser; (d) the financial, commercial and technical capacity of a supplier or purchaser is judged on the basis of the supplier’s or purchaser’s global business activity taking into account the legal relationship between the bodies involved in the supply, performance or purchase of the goods or services, or goods and services, as the case may be; (e) the process of, and the time required for, the qualification of suppliers or purchasers is or are not used to keep any applicable supplier 27 or purchaser from being considered for the purposes of the procurement; (f) any applicable supplier or purchaser who, in the qualification of suppliers, is able to show that he meets the conditions for participation in the tendering procedure is considered a qualified supplier or purchaser for the procurement or sale; (g) any request by an unqualified applicable supplier or purchaser to participate in the is given due consideration if there is sufficient time for the supplier or purchaser to complete the applicable qualification procedure; (h) if the Government maintains a permanent list of qualified suppliers or purchasers, an applicable supplier or purchaser may apply at anytime to be included in that list, and is so included within a reasonable time after he has successfully completed the applicable qualification procedure; (i) an applicable supplier or purchaser who has requested to become a qualified supplier or purchaser is notified of the decision made on the request; and (j) an applicable supplier or purchaser who is included in a permanent list of qualified suppliers or purchasers is notified as soon as possible after the list ceases to be used or his name is removed from the list. (2) The Government may, for the purposes of subsection (1) of this section, treat a supplier or purchaser as ineligible to participate in the open tendering procedure or to short-list the supplier or purchaser in the list of eligible suppliers or purchasers where, (a) the supplier, or purchaser, being an individual, is bankrupt or has made any composition or arrangement for the benefit of his creditors; (b) the supplier or purchaser, being a company, has passed a resolution or is the subject of an order by the court for the company’s winding up otherwise than for the purposes of bona fide reconstruction or amalgamation, or has had a receiver, manager or administrator on behalf of a credit or appointed in respect of the company’s business or any part thereof; (c) the supplier or purchaser has been convicted of a criminal offence relating to the conduct of his business or profession; (d) the supplier or purchaser is guilty of serious misrepresentation in supplying any information required by the Government. (3) The Government shall, through the appropriate Ministry, (a) consider the tenders supplied by suppliers or purchasers; (b) identify suppliers or purchasers who should be short-listed and interviewed, where appropriate; (c) award the contract to a suitable supplier or suppliers or to a suitable purchaser or purchasers; and 29 (d) notify unsuccessful suppliers or purchasers in writing. (4) A notice under subsection (3) (d) of this section, shall state reasons why a supplier was unsuccessful in the open (5) Any procurement or sale contract of or above five million dollars shall be subject to the open tendering (6) A contract referred to in subsection (5) of this section, shall be laid by the Minister on the table of both Houses of the National Assembly within one month of its execution. Each House of the National Assembly shall examine the contract and other documents submitted to the House by the Minister in order for the House to determine if the contract complies with subsection (5) of this section, but if such contract does not comply with that subsection, such non-compliance shall not prejudice the rights of the other party to the contract unless the party knew before entering into the contract that it did not comply with the requirements of subsection (5) of this section.