ECOWAS Tenders Code 4) Misrepresentation in relation to the information required under this Article may lead to the disqualification of a bidder or, the immediate cancellation of the contract, at the risk and expense of the declarant without prejudice to the imposition of sanctions applicable in such cases under this Code. This decision shall be subject to the same legal recourse set out in Articles 83 and 84 of this Code. Article 20: Certificate of Classification The procuring entity may request any candidate to provide a certificate of classification from a regional or national entity responsible for the contractors’ classification in order to participate in the bidding process. Article 21: Registration of Enterprises The Procurement Unit of each Institution shall establish a register of enterprises to be used in the transparent and objective selection of short-lists, purely by merit, in requests for quotations, restricted bidding or direct contracting. The Director responsible for Procurement in the Commission shall aggregate the register of enterprises established by the Institutions into a Master Record of Enterprises. The modalities for establishing this register shall be set out in the Procurement Manual. Chapter V: Subcontracting and Group Contracts Article 22: Subcontracting 1. The contractor or successful bidder may sub-contract parts of a public contract up to a maximum of 30% of the contract value upon the approval of the procuring entity. Such an approval shall include the conditions for payment of the sub-contractor. No contract shall be subcontracted to the extent that such subcontract may result in revision of the main contractor’s pre or post qualification. 2. Bidders should indicate in their bid, the references of any sub-contractors they intend to use as well as the part and value of the main contract they intend to sub-contract. If a subcontractor expects to be paid directly, the main contractor must also obtain the consent of the procuring entity on the conditions of payment of each subcontractor. The main contractor remains personally responsible for the execution of the contract. Article 23: Group Contracts 1. Several suppliers, contractors, service providers or consultants may be jointly or severally responsible for the execution of a contract. In such a case, they must appoint one of them as their designated Lead Partner; i. Final Where the contract is not divided into lots, all partners are jointly and severally liable for the execution of the entire contract. Where however the contract is divided into lots, each partner shall be liable only for his share, in accordance with the bidding documents. The Joint Venture shall appoint one of the Firms to represent it, and all its Page 12

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