Southern Africa Development Community Secretariat – Procurement and Grants Policy
Article 14. Participation by economic operators
(1)
Unless they fall under the exceptions specified in the paragraph 2, economic operators are permitted
to participate in procurement process for award of SADC Secretariat procurement contracts without
regard to their nationality or form of association.
(2)
The following economic operators are not allowed to participate in procurement processes for award
of SADC Secretariat contracts:
a)
Economic operators or goods manufactured in certain countries may be excluded if, (i) as a
matter of law or official regulation, the SADC Countries prohibit commercial relations with
those countries, or (ii) by an act of compliance with a decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United Nations, the SADC Countries
prohibit any import of goods from, or payments to, a particular country, person, or entity from
those countries;
b)
Government-owned enterprises and organizations, unless it can be clearly established that
they (i) are legally and financially autonomous, (ii) operate under commercial law, and (iii)
are not dependent agencies of the government; and
c)
Political organizations, economic operators banned, pursuant to Articles 7 and 8.
Article 15. Eligibility and qualifications of economic operators
(1)
Not withstanding Article 14 of this Policy and unless otherwise specified in the solicitation
documents, participation in the invitations to bid and in award of contracts shall be open on equal
terms to:
(a)
natural person, Companies or firms, associations or public or semi -public agencies;
(b)
cooperative societies and other legal entities governed by public or private law; and
(c)
joint ventures, consortium or association of firms.
(2)
Economic operators shall not be eligible for the award of contracts when:
a)
they are bankrupt;
b)
payments to them have been suspended in accordance with the judgment of a court of law and
resulting in the total or partial loss of the right to administer and dispose of their property;
c)
legal proceedings have been instituted against them, which may result, in a declaration of
bankruptcy, suspension of payments, or the total or partial loss of the right to administer and
dispose of their property as described in paragraphs (a) and (b) above;
d)
they have been convicted, by a final judgment, of any crime or offence concerning their
professional conduct;
e)
they are guilty of serious misrepresentation with regard to information required for participation
in an invitation to bid; and
f)
they have been sanctioned by the SADC Secretariat pursuant to the Article 49 paragraph (2)
b of this Policy;
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