Section 21, The Public Procurement Act, 2004

(1) In order to be awarded a contract, or, if prequalificationproceedings are being held, in order to participate in the procurement proceedings, a bidder must qualify by meeting the criteria set by the procuring entity, which may include– (a) professional and technical qualifications; (b) equipment availability; (c) past performance; (d) after sales service; (e) spare parts availability; (f) legal capacity; (g) financial resources and condition; (h) professional offences; (i) assessment by the National Revenue Authority to ascertain payment of taxes; and (j) payment of social security contributions. (2) The qualification criteria set under subsection (1) shall be applied by examining, through investigation and collaboration with other Government agencies, whether the bidder does or does not meet the qualification criteria and not by using a point system for comparing the relative level of qualifications of participating bidders. (3) The procuring entity shall be entitled to demand from potential bidders and applicants for prequalification documentation reflecting their qualification data. (4) Any requirement established pursuant to this section shall be set forth in the prequalification documents, if any, and in the bidding documents, and shall apply equally to all bidders without discrimination; and only those criteria stated in such documents shall be applied. (5) A procuring entity may disqualify a bidder if it finds at any time that the information submitted concerning the qualifications of the bidder was materially inaccurate or materially incomplete. (6) In order to identify persons that are qualified, prior to the invitation of bids, prequalification shall be used for– (a) procurement of large or complex works in which the cost of bid preparation is high; (b) procurement of particularly high value or complexity; and (c) groups of similar items bundled together for a consolidated purchase. Independent Review Panel. Qualification of bidders. 22 23 (7) When prequalification proceedings are held, the procuring entity shall– (a) provide to all bidders responding to the invitation to prequalify, prequalification documents which shall provide bidders with the information required to enable them prepare and submit their applications for prequalification; (b) make available to each applicant the results of the assessment of qualifications and all applicants that meet the minimum criteria for prequalification shall be invited to bid. (8) If prequalification proceedings are not conducted, post-qualification, in which the procuring entity verifies the qualifications of the bidder selected for award against the criteria stated in the bid documents, shall be used.