ECOWAS Tenders Code Section II: Qualification of Candidates and Bidders Article 19: Technical and Financial Qualifications 1) In order to participate in contracting proceedings, each candidate or bidder shall demonstrate legal capacity to enter into the contract. All bidders in addition to requirements contained in any solicitation document shall: a) possess the necessary: i. ii. iii. iv. professional and technical qualifications to carry out particular procurements; sound corporate and financial standing; equipment and other relevant infrastructure; personnel to perform the obligations of the procurement contracts. b) not be in receivership, the subject of any insolvency or bankruptcy proceedings or the subject of any form of winding up petition or proceedings; c) have fulfilled all its obligations to pay taxes, pensions and social security contributions; d) not have any director who has been convicted in any country for any criminal offence relating to fraud or financial impropriety or criminal misrepresentation or falsification of facts relating to any matter; e) accompany every bid with an affidavit disclosing whether or not any officer of the relevant committees of the procuring entity is a former or present director, shareholder or has any pecuniary interest in the bidder and confirm that all information presented in its bid are true and correct in all respects. 2) Prior to awarding the contract, it must also demonstrate that it has fulfilled its fiscal and social security obligations. 3) Evidence of such qualifications shall be verified by the procuring entity requesting the submission of the following supporting documents with the bid in the bidding documents: a) all documents showing evidence of the legal status, technical capability and solvency of enterprises, and qualifications of their staff; b) an attestation giving information on the candidates, or bidders in accordance with a model established by the procuring entity; c) the documents required under the terms of paragraph (a) above must include at least: i. ii. iii. iv. v. Final a statement on the enterprise's technical facilities; a description of the manpower (number and qualification) available to the enterprise; financial statements, showing a balance sheet, statement of turnover and financing plans for the last three years; a statement of similar contracts carried out by the applicant; documentary evidence of the enterprise's corporate standing. Page 11